August 9, 2017
ABC joined 42 other national and state organizations in signing onto a letter to Treasury Secretary Steve Mnuchin asking the department to address the confusing and conflicting definitions of “seasonal worker” and “seasonal employee” that are included in the Affordable Care Act (ACA) along with its implementing regulations.
The letter points out that due to the varying definition of “seasonal,” small businesses continue to struggle with determining their employer size and employer shared responsibility requirements. When complying with the ACA, it is possible for the same worker to be a “seasonal worker” for the purpose of determining employer size, but not be considered a “seasonal employee” under an employer’s shared responsibility obligations.
The letter explains that the various definitions of “seasonal” include:
In the letter, ABC and the other organizations requested an open dialogue with Secretary Mnuchin to discuss possible approaches to simplifying the various definitions to the extent allowed by regulation.
Powered by WPeMatico