STARS Act of 2015 Addresses ACA Confusion over Season Employee/Season Worker

Author: Stephen D. Hans

The restaurant industry and other fields of work, such as farming, often have seasonal workers that pick up heavier work loads during more productive times of the year.

The lack of clarification regarding seasonal employment has been confusing for small business owners, family farms and ranches when dealing with the Affordable Care Act (ACA) and its requirements to provide healthcare insurance for employees.

The bipartisan Simplifying Technical Aspects Regarding Seasonality (STARS) Act of 2015  provides clarity so small businesses can understand their obligations in complying with healthcare law and not receive fines.

As the ACA stands in its current form, extensive calculations are necessary to determine the number of full-time employees and whether you qualify as an exempt, small seasonal employer. Many employers have found the process to be complex and confusing.

The STARS Act would provide a clear definition for a seasonal worker and seasonal employee as the following: A worker who is employed for six months or less during the calendar year. The formulas employers would use to determine whether they are large employers and whether their workers have full-time status have also been simplified.

STARS is supported by the National Restaurant Association (NRA) and the American Farm Bureau Federation (AFBF).

If you have questions about your obligations under the ACA, our attorneys at Stephen Hans & Associates can provide you with trustworthy legal guidance. Our firm has decades of experience assisting clients with litigation related to employment issues.

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