Common Failures

Using Look-Back for Large Employer Status

Large employer status is a monthly count of full-time employees plus full-time equivalents. The look-back result cannot replace it.

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Key Points

The three things to know.

Two Different Questions

Who is a full-time employee for penalty purposes can use look-back. Whether you are a large employer is counted each month using hours of service.

What the Count Uses

For each month, employees with at least 130 hours are full-time. Part-time hours convert to equivalents at 120 hours each.

The Fix

Run the monthly count for the prior calendar year every year, whatever method you use for individuals.

Sources: 26 CFR § 54.4980H-2; 26 CFR § 54.4980H-3. General information, not legal advice.

In Practice

A worked example.

A Company Near 50

A company with 44 full-time employees and a large part-time workforce uses look-back to classify employees and assumes it is under 50.

What the Rule Produces

The monthly count adds part-time hours as equivalents, putting the company at 52 in the prior year, so it is an applicable large employer. The look-back results do not change that.

What to Do

Four steps to apply it.

1. Run both

Do the monthly count and the look-back.

2. Keep them separate

Use each for its purpose.

3. Check each year

Re-run the count annually.

4. Plan ahead

Prepare for reporting.

Where it goes wrong. Assuming a low full-time headcount means the mandate does not apply.

Questions We Get

The questions that come up next.

Does the monthly count use the same hours records?

Yes, the same hours of service data, but with the monthly standard.

What if the look-back status and the monthly count disagree?

They answer different questions. Keep both and apply each where it belongs.

Who do we aggregate with?

Commonly owned companies are generally treated as one employer.

When is the count made?

For the prior calendar year, to decide the current year.

Do related companies combine?

Commonly owned companies generally do.

Plan-specific questions belong with ERISA counsel, and we will bring them in.

Keep Reading

Related pages on the look-back method.

Hours Living in Three Systems

Payroll, scheduling and the benefits platform often disagree, and the regulations require hours from records of hours worked and paid.

Step 1: Decide Your Categories

Choose whether union, salaried, hourly and state-based groups get different treatment, and which method each group uses.

The Full Look-Back Guide

Every rule, example and source behind this page, in one place.

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