Tip Tuesday! Is it legal to cut workers’ hours so you don’t have to give them health insurance?

by Christian Schappel

There may be a new type of Obamacare lawsuit looming on the horizon — and this one would target employers. 

Since the enactment of Obamacare’s employer mandate, attorneys and employment law experts have wondered if Section 510 of ERISA could be used to bring lawsuits against employers who cut workers’ hours to circumvent that mandate.

Section 510 says, in part:

“… it shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary of an employee benefit plan for the purpose of interfering with the attainment of any right to which such participant may become entitled under an employee benefit plan …”

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