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Tina
Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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Is it within approved employment practices employer

Customer Question

Is it within approved employment practices for an employer to require a different contribution for medical insurance from employees paid on commission only compared to salaried employees?
Thank you,
Sandra McKee ***@******.***
Submitted: 7 months ago.
Category: Employment Law
Expert:  gradycolleen replied 7 months ago.
Hello. I will help you with this question. I have been a NYS Attorney for 26 years. Please give me a few minutes to check this for you.
Expert:  gradycolleen replied 7 months ago.
This is a really tough question and deals with issues that are still being decided by the IRS. I am researching this link: https://www.irs.gov/Affordable-Care-Act/Employers/Questions-and-Answers-on-Employer-Shared-Responsibility-Provisions-Under-the-Affordable-Care-ActThis is indicated in this paragraph of the IRS link: 7. Are there special rules for hours of service that are particularly challenging to identify or track or for whom the final regulations’ general rules for determining hours of service may present special difficulties?Treasury and the IRS continue to consider additional rules for the determination of hours of service for certain categories of employees whose hours of service are particularly challenging to identify or track or for whom the general rules for determining hours of service may present special difficulties (including adjunct faculty, commissioned salespeople and airline employees) and certain categories of work hours associated with some positions of employment, including layover hours (for example for airline employees) and on-call hours. For this purpose, until further guidance is issued, employers are required to use a reasonable method of crediting hours of service that is consistent with section 4980H. The preamble to the final regulations includes examples of methods of crediting these hours that are reasonable and that are not reasonable, including a method that is considered reasonable for crediting hours of service for adjunct faculty members.
Expert:  gradycolleen replied 7 months ago.
Looking at Section 4980H there is a definition of what a full time worker is. It is based on hours. If you commissioned workers work 30 hours or more, you may have to treat them as your full time workers:(4)Full-time employee(A)In generalThe term “full-time employee” means, with respect to any month, an employee who is employed on average at least 30 hours of service per week.(B)Hours of serviceThe Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis.
Expert:  gradycolleen replied 7 months ago.
I am going to Opt Out to see if another expert can answer this for you.

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