Talking Stick - May/June 2016 - 16

JUST IN

Ask the Librarian
Q: What's new with the Affordable Care Act (ACA) and resident
assistant work hours? What should I be aware of?
A: First, let's do a little review for anyone new to the subject. Since the
Patient Protection and Affordable Care Act (ACA) of 2010, campus housing
professionals have been uncertain how to manage student staff time,
particularly that of resident assistants. While most of the year resident
assistants' hours don't average close to the 30 hours per week that define a
position that requires healthcare coverage, there are a few times of the year
when their hours are higher, namely move-in and move-out. Institutions are
also uncertain how to track RA hours, particularly on-call time.
There are two ways to determine full-time versus part-time status
under ACA: One is counting hours on a monthly basis, and the other is
using a lookback period, by which the employer "looks back" at a previous
measurement period, 3-12 months, to see if the average weekly hours are
30 or more. If the hours average 30 or more per week, the employer offers
healthcare coverage for the following "stability period." Many employers
prefer not to use the monthly method because variable hour employees' work
hours per month can fluctuate considerably. RAs are a perfect example of this.
During move-in they average higher, whereas in February they would likely be
relatively low. However, even using the lookback method presents problems
for colleges and universities, because most institutions haven't been in the
habit of tracking RA hours.
ACUHO-I representatives have been working with legislative liaisons
from other student affairs organizations and with our legislative consultant
to present our concerns to U.S. Treasury and Internal Revenue Service
representatives for several years. Of course, like many things in Washington,
D.C., this process has been gradual. The most recent meeting in February
2016 didn't result in the specific guidance and clarity we want, but our
representatives were offered some guidance as they prepare their next
proposal. For more information on this meeting, visit http//acuho-i.org/about/
cid/5786.
What seems likely is that tracking RA hours in some way will be important
in the future. Complicating this situation are the 2014 changes to the Fair
Labor Standards Act (FLSA), which declassified RAs as college and university
employees. FLSA offers specific guidance for live-on, on-call employees. RDs,
however, are considered employees, and their overtime and on-call hours
are measured by FLSA rules. To remain up to date with this subject, keep in
contact with your human resource counsel (please note that I do not speak
as a lawyer on behalf of the association). In addition, the topic is frequently
addressed in the ACUHO-I Online Community.

Emily Glenn is the ACUHO-I librarian and is available to assist with most of
your questions. She can be reached at Emily@acuho-i.org, and she is on Twitter as
@acuhoi_lib.
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Talking Stick - May/June 2016

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