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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Do employers have to provide health insurance for 1099 employees?

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Do employers have to provide health insurance for 1099 employees? Furthermore, do we have to provide health insurance for employees from the date of hiring or is there a probationary period?
If the employees are correctly classified as independent contractors (meaing they receive a 1099) then no, an employer would not need to provide them with health insurance.

There is no set probationary period for the requirement to provide employees with health insurance, so they would need to be provided with health insurance at the time of hire.

However, the employer-mandate only affects employers with 50 or more employees, so those with less than 50 employees are not required to provide employees with health insurance.
Customer: replied 4 years ago.
Thank you for your thorough answer. I appreciate it. My other follow-up question is how do you determine whether an employer has 50 or more employees? Let's say there are three separate corporations, but all are owned by one individual owner. Each corporation has less than 50 employees but all combined has more than 50 employees. It is true that the owner has umbrella insurance policies for all three corporations and he manages over all three corporations but each corporation is operated separately - separate business account, separate legal entities, and etc. Any thoughts?
If the corporations are all owned and operated by the same individual owner, then the individual owner would be considered the same employer, so the employer would have more than 50 employees and would be required to provide his or her employees with health insurance.
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