All Rights Reserved, Arthur Tacchino, J.D., Chief Innovation Officer, tax-exempt organization or governmental entity, How the ACA Affects Multiemployers and What to Do About It, California Enacts Expanded Pay Data Reporting, ACA Compliance: Full-Time, Part-Time and Temporary Employees. Bob will therefore be eligible for benefits on August 8. Most staffing agencies have been offering their contingent workforces some form of health insurance for well over a decade. Current thinking is that specific regulations related to discrimination will come out in 2015 and be implemented in 2016. "@context": "http://schema.org",

To determine how many full-time equivalent employees it has, Employer would take the total number of hours worked by its part-time employees in the month, 2,400, and divide it by the legally recognized number of hours a full-time employee works in a month, 120 hours. "@type": "ImageObject", Well, I am sorry to say that for those of you that use temporary or contract workers, you have another thing to worry about under the ACA.

Suite 200 We have developed this guideline to ACA compliance for full-time, part-time and temporary employees to help you understand the definitions of different employees and navigate ACA compliance. Today, most staffing firms are comfortable that they will have insurance products to offer, but these products are both new and untested. "mainEntityOfPage": { If you hire an employee with the intent to employ him/her for longer than 90 days, you must treat him/her, A “full-time” employee is one hired with the mutual expectation of him/her working 30 or more hours per week.

Temporary employees may work full or part-time, and may work for more than one agency at a time. An employer who employees 48 people and regularly uses a staffing company to provide 5-10 employees for peak busy periods, is likely not suspect, even though their use of temporary staff keeps them below the 50 employee benchmark. How can you determine if your employees are full-time? For a plan to provide minimum value, it must cover at least 60% of a standard population's covered health care expenses.

Click to share on LinkedIn (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), answer to this question may depend on a number of factors, Health Insurance Requirements for Employers with Interns & Temporary Workers, [Webinar Playback] Benefits & HR Considerations for Interns and Other Temporary Workers, Mike Sullivan Analyzes Insurance Industry Consolidation Following Northwestern Benefit Acquisition, 9 Key Takeaways from Virtual FutureCast 2019, Top 9 Most Popular Blog Posts That Rocked Employee Benefits in 2019, COVID-19 Furloughs, Layoffs & Leaves: How It Affects Your Employee’s Health Benefits, Affordable Care Act (ACA) Reporting Cheat Sheet: Reporting Made Easy, Strings Attached: Changing Premium Contributions for Cost Savings.

Under the look-back measurement method, the employer is permitted to take 3-12 months from the time of hire to evaluate the employee’s status before making an offer of coverage. To be ACA compliant, a staffing agency can either offer benefits or pay the “did not offer” penalty.

The short answer is YES.

North Little Rock, Arkansas 72113

"url": "https://www.myencorebenefits.com/wp-content/uploads/2018/09/encore-logo_full_gray.png", Since compensation usually doesn't tie directly to a teacher or adjunct faculty member's number of hours worked, these employees can present challenges to employers. "width": 2000, There are some exceptions, however, such as the following. Contact us at SyncStream today to learn more about our reporting. This is a penalty assessed to employers that fail to comply with the ACA. Every part-time employee works 60 hours per month. Do you need to provide health insurance for hourly employees? During future measurement periods, changes in average weekly hours that a variable-hour employee works may change their eligibility status during subsequent stability periods.

Written by Arthur Tacchino, J.D., Chief Innovation Officer on August 26, 2020. Coverage is affordable if the required contribution from the employee is not more than 9.78% in 2020 of the employee's household income. Secondly, like most overly ambitious legal undertakings, it has become clear that the ACA contains opportunities for smart employers to use ACA requirements as a way to create competitive advantage.

Employers are not required to include seasonal workers or employees who have health coverage under TRICARE or a VA health program in the full-time equivalent calculation. While you might assume that all hires made by staffing agencies would be Variable Hour employees, there are very specific rules staffing companies must follow in order to justify that status. This rule may apply even if these employees work full-time hours at some point, with the exception that workers use a short-cycle measurement period and these employees stay employed during the subsequent stability period. Your needs for staff and the length of time you use a temporary or contract worker on assignment should be based on your business needs. Likewise, non-employees such as 1099s/independent contractors are not "employees" under the ACA definition and require no offer of coverage. Under the ACA, an ALE is any company or organization that has an average of at least 50 full-time employees or “full-time equivalents” (FTE). This rule makes part-time workers eligible to participate in employer-sponsored retirement plans. XYZ Company has a written policy stating that variable-hour employees will have a measurement period of three months, followed by a stability period of nine months.

"width": "3082", Yes. Temp employees are evaluated on a monthly basis for their eligibility for mandated healthcare and this can mean more paperwork and time for your staff.

Under the ACA, these workers would still be seasonal. For example, a resort may ask golf instructors who typically work six months annually to continue working for an additional month due to unusually mild weather. While CSS will continue to be strong advocates for all of the business reasons to use more flexible staffing strategies, we will only recommend changes that are based on business need, not ACA avoidance.

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