Do you understand where this is going? Four

I ran into a friend in the gym the other day. he is the President of a tech company providing IT services to the government. What they do is highly skilled and highly sensitive.I asked him how his business was doing.

“Terrible” he said, “We are scrambling for every dollar of revenue.” This surprised me. After all, there is clearly a lot of Federal money gushing out of Washington D.C. I just assumed that government contractors were laughing at the recession.

“Contracts that come up for renewal keep disappearing.” He went on to explain that Federal agencies were under instructions to take as much work in-house as they could, hiring new employees to do the jobs that formerly went into the private sector. “It’s happening fast.” he said. “Every time one of our long term agreements expire, it just never goes out for bid again.”

I wanted to limit this series to four quick blogs, not change this space into a political platform. Both the anecdotes and my concerns are still focused on small businesses. I can’t nail down the impact, and I don’t know if anyone can. It is happening at all levels, and I get the feeling that it is happening much faster than most of us realize.

I know that the administration has stated that they favor union membership for American workers. That they believe the government needs to take on a more active role in our society and the economy.

The health care bill made the college loan program a 100% government run organization again. More civil servants.The financial industry claims that it will cost 30,000 private sector jobs. Presumably that means at least 30,000 new public sector jobs.

Collecting these anecdotes and others in one place:

  • The health reform bill will drive tens of millions of people quickly into government controlled care
  • Financial incentives the will cause employers to accelerate the shift from private insurance to public
  • New laws to “ferret out” independent contractors
  • Increased DOL enforcement of labor standards
  • Increased IRS audits of small businesses (announced last month)
  • Nationalization of the automobile industry
  • Capture of large portions of the financial industry (e.g. Sallie Mae)
  • Nationalization of the home mortgage market (Freddie Mac, Fannie Mae)
  • Rapid reduction of the private sector in government services

To repeat, this is a small business advice blog, not a political platform. I’ll leaving railing about creeping socialism to those who do it for a living. What I am pointing out is that the massive resources of the Federal government are being used to rapidly change the face of business. We can talk about a change in Congress, or a one-term president, but no administration in the last 100 years had successfully reduced the size of government.

These changes are done. The average government employee now earns more than the average private sector worker. Civil service is increasingly attractive to workers for its compensation, benefits and job security. As business owners, we have to understand that the game has changed, and it will continue to do so. We need to figure out how we are going to compete on a new playing field.

Perhaps we shouldn’t worry. As one Congressman said “Small  business owners will still figure out how to make money. It’s what they do.”

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Do you understand where this is going? Three

We worked on an interesting hypothesis with a client the other day. He has 100 employees (or close enough to make the math easy.) The company pays for 75% of each employee’s health insurance. Additional coverage for the family is at the employee’s expense. How does the math work under health reform?

Right now premiums average $370 per month. About 60% of the workers take insurance, so the company pays $277.50, or right at $200,000 per year in premiums. Let’s say that once premiums are balanced to comply with the 3:1 risk premium ratio (see post number One) the workers who decline coverage presently can have insurance for $175 monthly. Their cost would be about $10 a week.

But their cost is zero if they choose to opt out into the government exchange. If they have a family of 4, and make less than $88,000, their cost would be subsidized for the whole family. Of course the employer can raise his contribution to keep them in the plan, but the math gets too complex for this example. (How much is each increase in employer cost worth vs. having them opt out?) So for simplicity, let’s say that the same 40 employees choose to opt out and save themselves at least $10 a week.

The penalty to the employer is $3,000 annually per uncovered employee. That adds $120,000 to the current premium, for a total of $320,000.

But there is another option to paying all those penalties. The company can cancel health insurance entirely. The penalty for that is $2,000 per employee. Moreover, there is an exemption for the first 30 employees.

Now let’s do the math. Should the employer pay $4,320 for 60 employees, plus a $3,000 penalty for each of the other 40 employees, or just pay $2,000 per employee for 70 of them and let all 100 go to the exchange? $320,000 a year vs. $140,000 per year?

Make no mistake. While the public option was removed from the bill, the financial structure is designed to drive huge numbers of people who are currently covered by their employers into the government exchange. I’m not making a political claim. I’m just looking at the numbers.

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Do you understand where this is going? Two

Between 1997 and 2009 I had one client audited by the Department of Labor for Wage and Hour compliance. In the last 90 days I’ve had two.

The first had an auditor who brought along a trainee. The second brought along three trainees. When asked “How can you train three people at one time?” she shared that everyone in her office was being asked to train as many auditors as possible, as quickly as possible. She complained that the DOL was hiring auditors so fast they had no place to put them.

There are 25.8 million small businesses in the United States. Seventeen million of those have no employees. President Obama has stated that the mechanism of independent contractors is being abused, and keeping people out of the new health care system who should be covered. He has ordered the IRS (and apparently the DOL) to move aggressively in disqualifying people from Independent Contractor status and get them on payrolls where they belong.

That is why the health care reform bill includes a provision requiring that, effective 1/1/12, businesses create 1099’s for anyone they spend over $600 a year with. No longer will there be an exception for corporations. Aside from the massive paper pile that will be created by expanding the number of 1099’s by some huge factor (10x? 20x?) overnight, the IRS will have new data to mine regarding those home based businesses, cash businesses, and independent one-person service businesses who can be reclassified as part time employees for a number of employers.

And yes, part time employees count towards all your health insurance minimums and requirements.

Of course, this is being done in the name of stopping evil employers from “getting away” with “abusing” independent contractors. Free choice, and the fact that every contractor I know chooses to work that way, have nothing to do with it.

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Do you understand where this is going? One

One of my TAB Board meetings has an insurance broker who followed the reform debate closely. The discussion was illuminating.

It is one of many that I’ve had in the last three months, and it’s all beginning to come together. I will discuss this in short posts over the next few days.

Health insurance age related risk premium differential is limited to 3:1 in the reform bill. That means that if you currently pay $125 for a young healthy male employee, you won’t pay any more than $375 for an old guy who is overweight and smokes.

In reality, the premiums for those old guys right now would be more like $550 – $600 today. So the insurer has two choices. he can drop the old guy’s premium to $375, or raise the young guy to $200. Let’s say he compromises. $175 and $525,

The problem is, the young guy is the one making $10 an hour. His employer is paying the legally mandated minimum 60% of premium to avoid penalties. So the $175 premium means $35 more every two weeks out of the young guy’s paycheck. About 2 cases of beer from each paycheck. Does the young guy (who right now declines coverage entirely) pay the premium, or does he opt out of he company plan into the government exchange with a full subsidy for anyone making less than $22,000 a year? No brainer. Most employers reading this know exactly what the answer would be.

The people who wanted a public option didn’t get it in the bill, but they got something pretty close. This is just one of a number of things that are happening very quickly on a number of fronts that will change the complexion of our economy for a long time to come. More later.

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The 7 Sins of Entrepreneurs on TV

My interview with Eyewitness News in San Antonio about “The 7 Sins of Entrepreneurs” is up on You Tube. Take a look. http://www.youtube.com/watch?v=o8knGXIRXUE

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