The first rule of Obamacare job cuts is: do not talk about Obamacare job cuts

The latest in Barack Obama’s make-it-up-as-we-go-along approach to implementing the law:

You’ve no doubt heard about the latest ObamaCare “delay”–the announcement that the Internal Revenue Service will waive fines on certain employers that do not provide workers with medical insurance. That “employer mandate,” which by law took effect this year, had already been put off until 2015. Now it won’t be enforced until 2016 for companies with between 50 and 99 employees, and those with 100 or more will escape fines if they offer insurance to 70% of their employees rather than the 95% stipulated in the law.

Of course, they have no statutory authority for any of that. And yes, that’s still an outrage, however common it is becoming from this administration. But I want to look a different aspect of this. Employers can avoid the mandate until 2016 if they can get below 100 employees. And thus the administration responds:

Obama officials made clear in a press briefing that firms would not be allowed to lay off workers to get into the preferred class of those businesses with 50 to 99 employees. How will the feds know what employers were thinking when hiring and firing? Simple. Firms will be required to certify to the IRS–under penalty of perjury–that ObamaCare was not a motivating factor in their staffing decisions. To avoid ObamaCare costs you must swear that you are not trying to avoid ObamaCare costs.

The administration has no statutory authority to make any such demand, and even if it did, the statute would be unconstitutional. But that may not matter, because no one wants to be harassed by the IRS, even if they have the law on their side.

What the Obama administration is saying is this: go ahead and cut jobs to get under 100, but don’t tell anyone that’s what you’re doing. If we see any embarrassing stories about Obamacare job cuts, we’re siccing the IRS on you.

(Previous post.)

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