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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118777
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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If we re 45 full time and 50 part time employees, how will

Customer Question

If we hire 45 full time and 50 part time employees for 2016, how will Obamacare effect us if we do or do not offer health care?Also, during Lent, we will hire 30 seasonal employees part time for two months. How does Obamacare effect them?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the ACA there is an exception to the “large employer” definition for certain employers utilizing “seasonal workers.” Under the seasonal worker exception, an employer having a large number of seasonal employees might be able to avoid the “large employer” label, and thus the play or pay rules, even if its average full-time workforce exceeded 50 over the course of the entire year.
The seasonal exception applies if, during the prior calendar year, (1) an employer’s full-time employee workforce exceeded 50 employees on only 120 or fewer days, and (2) seasonal workers were the only reason the 50-employee threshold was exceeded during this period.
This exception may also be applied on the basis of 4 or fewer calendar
months. In either event, the days or months need not be consecutive.
Customer: replied 1 year ago.
We have 45 full time and 50 part time throughout all of 2016 year. How would Obamacare effect us?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you have over 50 employees including part time, and are not paying for insurance, then you have to pay the penalty for not doing so, which by the way is much less than actually paying for insurance and many employers choose to pay the penalty. The determination is based on Full time Equivalent Employees (FTE) not actual full time employees and that is done by averaging the hours of all employees. FTE or “full-time equivalent” equals (the total number of full-time employees) plus (the combined number of Part-time employee hours divided by 30). So you are likely going to come under the mandate to provide employee insurance.
Here is information about penalties and calculations for you:
Customer: replied 1 year ago.
I was told that the total full time is full time plus FTE?FTE is calculated with non full time employees only?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Well full time employees count as 1 employee and the other employees hours are added up and for every 30 hours of employment for part time employees, that adds 1 full time employee to your totals. We are pretty much saying the same thing and the link above is saying that too.