ACA compliance: Why employers can’t game the system on employee hours

Published Updated 8 Min Read

Whenever the U.S. Congress draws a line in the sand — such as with exposure for assessable payments under the Affordable Care Act’s employer shared responsibility rules — entities subject to regulation (here, applicable large employers) will inevitably seek ways to avoid having to comply. Also inevitably, some compliance strategies will be perfectly legitimate, while others will not be. One approach that falls into the latter category involves capping annual hours of certain, “variable hour” and other employees at 1,560 hours. Simply put, the approach does not work. This post explains why.

See related: Countdown to ACA compliance: How to determine your client’s common law employees

Alden J. Bianchi
Practice Group Leader

Bianchi is the practice group leader of the Mintz Levin's employee benefits & executive compensation practice, where he advises corporate, not-for-profit, governmental, and individual clients on … Read full bio

Edward A. Lenz
Senior Adviser

Lenz is a senior adviser for the employment, labor and benefits practice in Mintz Levin's Washington DC office. He is one of the nation’s leading authorities on the legal and public policy aspects of … Read full bio


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