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You're both referring to what the rules described as the "rate of pay" safe harbor for determining affordability. To avoid determining affordability for every employee, you would need to use The lowest pay rate for any employee, for example the federal minimum wage. The monthly safe harbor amount for all employees would then be determined by multiplying that rate times 130×9.5%. Discrimination issues should not arise, however, since the government has deferred enforcement of those rules until final guidance can be issued and will apply only to plan years beginning on or after final guidance is issued.

Maggie - I've been told by our insurance broker that we have to decide on one employee contribution amount for all employees no matter their pay to avoid discrimination. Are you planning to deduct 9.5% rather than a flat dollar amount? I'd rather your option.