Legal Question in Employment Law in California

Small Business Health Insurance

I would like to offer health insurance. What is the amount of hours worked per week that qualifies full time from part time employees? If I change an hourly manager to a salaried manager am I automatically required to provide health insurance?


Asked on 11/07/06, 3:34 pm

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: Small Business Health Insurance

Generally you can set the standard. Some companies provide coverage for those working 20 hours weekly or 80 hours monthly, other require 32 or 36 hours weekly to be eligible for full time benefits. This decision may impact on other benefits so it would be wise to discuss your goals and needs with knowledgeable employment counsel.

As to conversion of an hourly manager to a salaried manager, again, there are many technical rules that come into play regarding salaried exempt status. If the manager does not qualify for one of the specific exemptions, you may incur liability by converting him/her to salaried status. Generally, hourly vs. salaried would not be a factor in eligibility for health insurance.

Our firm assists employers in such matters so if I can be of help, feel free to contact me.

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Answered on 11/10/06, 6:26 pm
Terry A. Nelson Nelson & Lawless

Re: Small Business Health Insurance

Ask your insurance agent questions about coverage. You are not obligated to provide insurance, other than per company policy. Sounds like you need to have a consultation with counsel about your policies and your compliance with the laws. Feel free to contact me if interested in doing so.

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Answered on 11/09/06, 9:33 pm


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