Misclassification of Part-Time and Full-Time Employees May Result in Fines or Penalties
Inadvertently, an employer may misclassify a worker as part-time when, in reality, the person is classified as full-time under the ACA. This may result in benefits-related fines for the employer. For example, if an Applicable Large Employer (ALE) under the ACA is required to provide benefits to a full-time employee but does not, the firm may be subject to taxes or penalties.
Small and large employers are classified. The Affordable Care Act (ACA)
The number of part-time and full-time workers at a firm determines whether it is categorized as a small employer (SE) or an applicable big employer (ALE) (ALE). SEs and ALEs have distinct responsibilities. If a company has at least 50 full-time workers or equivalents on average, the firm is an ALE.
An ALE must provide minimum necessary coverage that is both reasonable and valuable, or it may be required to pay an employer shared responsibility payment to the IRS. ALEs are also required to submit informative returns with the IRS, like as Form 1095-C. SEs are not given the same duties as ALEs. More information on what the ACA demands of small companies may be found here.
*** Although the distinction between full-time and part-time hour classifications might be perplexing, some ALEs opt to adhere to what the ACA considers as full-time employees in order to avoid penalties. Additionally, for the purposes of additional benefits, employers may adopt classifications other than full-time and part-time. If you're an employer who isn't sure how to define part-time and full-time, or if you need help staying in compliance with the ACA, it never hurts to consult with an employment lawyer.