Search
Close this search box.
Search
Close this search box.

How Independent Contractors Factor Into Your Affordable Care Act Compliance

If your company uses independent contractors or workers from staffing agencies, make sure your HR department has correctly identified whether they’re ‘common law’ employees based on the IRS definition.

If any of them are, your HR staff will need to add them to calculations of total employees as part of your Affordable Care Act (ACA) compliance. If not, your company will risk incurring a hefty excise tax.

“To comply with the ACA, your company must offer health care coverage to 70% of your full-time employees (those working an average of 30 or more hours per week) in 2015 and 95% thereafter.”

To comply with the ACA, your company must offer health care coverage to 70% of your full-time employees (those working an average of 30 or more hours per week) in 2015 and 95% from 2016 and beyond. The 70% threshold applies only to employers with 100 or more full-time plus full-time equivalent employees. The 95% threshold applies to employers with 50 or more full-time plus full-time equivalent employees.

Your HR staff will need to divide the number of full-time employees who are offered coverage by the total number of full-time employees, including common law employees who work full-time and may currently be classified as leased employees or independent contractors. If your company misses the threshold, it will owe a tax of $2,000 per year times the total number of full-time employees minus the first 80 employees in 2015 and 30 employees thereafter.

The penalty adds up: For example, a company with 250 full-time employees would pay an annual penalty of $340,000 in 2015 and $440,000 after 2015. Even if you miss the 95% threshold by just 1%, your penalty will be the same as if you hadn’t offered any coverage. Clearly, it’s essential to correctly classify workers and add common law employees into your count.


MORE LIKE THIS

  • Get the CEO Briefing

    Sign up today to get weekly access to the latest issues affecting CEOs in every industry
  • upcoming events

    Roundtable

    Strategic Planning Workshop

    1:00 - 5:00 pm

    Over 70% of Executives Surveyed Agree: Many Strategic Planning Efforts Lack Systematic Approach Tips for Enhancing Your Strategic Planning Process

    Executives expressed frustration with their current strategic planning process. Issues include:

    1. Lack of systematic approach (70%)
    2. Laundry lists without prioritization (68%)
    3. Decisions based on personalities rather than facts and information (65%)

     

    Steve Rutan and Denise Harrison have put together an afternoon workshop that will provide the tools you need to address these concerns.  They have worked with hundreds of executives to develop a systematic approach that will enable your team to make better decisions during strategic planning.  Steve and Denise will walk you through exercises for prioritizing your lists and steps that will reset and reinvigorate your process.  This will be a hands-on workshop that will enable you to think about your business as you use the tools that are being presented.  If you are ready for a Strategic Planning tune-up, select this workshop in your registration form.  The additional fee of $695 will be added to your total.

    To sign up, select this option in your registration form. Additional fee of $695 will be added to your total.

    New York, NY: ​​​Chief Executive's Corporate Citizenship Awards 2017

    Women in Leadership Seminar and Peer Discussion

    2:00 - 5:00 pm

    Female leaders face the same issues all leaders do, but they often face additional challenges too. In this peer session, we will facilitate a discussion of best practices and how to overcome common barriers to help women leaders be more effective within and outside their organizations. 

    Limited space available.

    To sign up, select this option in your registration form. Additional fee of $495 will be added to your total.

    Golf Outing

    10:30 - 5:00 pm
    General’s Retreat at Hermitage Golf Course
    Sponsored by UBS

    General’s Retreat, built in 1986 with architect Gary Roger Baird, has been voted the “Best Golf Course in Nashville” and is a “must play” when visiting the Nashville, Tennessee area. With the beautiful setting along the Cumberland River, golfers of all capabilities will thoroughly enjoy the golf, scenery and hospitality.

    The golf outing fee includes transportation to and from the hotel, greens/cart fees, use of practice facilities, and boxed lunch. The bus will leave the hotel at 10:30 am for a noon shotgun start and return to the hotel after the cocktail reception following the completion of the round.

    To sign up, select this option in your registration form. Additional fee of $295 will be added to your total.