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California Employment Law

I recently took a new job in which I am a...

Resolved • Response time 11 minutes

1 May 2013

I recently took a new job in which I am a contractor and not eligible for health insurance. I am 23 and applied to be covered under my parents policy with Blue Shield of CA (which is not through employer-based coverage but rather an individual policy they purchased). Their policy was grandfathered in as a result of the affordable care act. When I first applied, I was told it would be free to add me to their policy and after a lengthy application process, I was approved. I am now being told that I will have to pay almost $200 a month. I've referred to this website: http://www.healthcare.gov/law/features/choices/young-adult-coverage/index.html and what I'm gathering is that they are going to deny me free coverage because the plan is grandfathered. What I'm wondering is if the clause "Until 2014, “grandfathered” group plans do not have to offer dependent coverage up to age 26 if a young adult is eligible for group coverage outside their parent’s plan." Will help me because I am not eligible for group coverage outside my parents plan. Or if because I was told it would be free (and it has been free before for me to be on their plan) there is any way for me to fight this.
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1 May 2013

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California Employment Lawyer's response
1 May 2013
socrateaser
socrateaser
Hello, I realize that you are looking for assistance in dealing with the health care issue through your parents. However, whenever I see the word, "contractor," with respect to California employment law, I feel obliged to try to see if your employer may be violating the Labor Code. 1. Can you tell me if you are a W-2 contractor, or a 1099 contractor? 2. If a 1099 contractor, then can you please provide a "brief" description of your job? Thanks in advance.
1 May 2013
Customer reply
1 May 2013
I'm not sure, I think W2.. but i work for Google so i'm pretty sure they aren't violating any laws.
1 May 2013
California Employment Lawyer's response
1 May 2013
socrateaser
socrateaser
If you're being employed through an HR staffing company, then you're almost certainly a W-2 employee. Otherwise, you could be a 1099 or a W-2, and while I realize that you doubt that the employer is violating any laws, my experience is that an employer will do whatever it can get away with, so I wouldn't be too sure of anything. Regardless, assuming that you are not eligible for group coverage outside of your parent's plan, then your parent's health care plan must cover you as a dependent. If the plan refuses to do so, then you can file a complaint with the California Department of Insurance: http://www.insurance.ca.gov/contact-us/0200-file-complaint/index.cfm Note: some of these issues are subject to different regulatory agencies within and without California. In many cases, even the agencies are unsure who has jurisdiction. If your complaint is rejected, then let me know and we can try to find aa different agency.
1 May 2013
Customer reply
1 May 2013
thank you for the response! I am through an HR staffing company so i presume I'm a W-2 employee. Is there's anything else I should know about that?
1 May 2013
California Employment Lawyer's response
1 May 2013
socrateaser
socrateaser
HR staffing contractor employment is pretty routine with large hi-tech companies. If you want to discuss the issue generally, we will have to do so separately from your original question about the dependent health care issue -- so that I can receive appropriate compensation for my efforts for the two separate issues. You can open a new Q&A session and put my userid ("To socrateaser") at the beginning of the question, and the system will send me an alert. Thanks in advance for your understanding and cooperation.
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socrateaser
socrateaser
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1 May 2013
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