We are a golf course that hires mainly college aged adults as well as older adults that work anywhere from 20 – 40 hours a week. A couple of questions:
1. If the college student is already covered by their parents – my understanding is: that the student can opt out of our insurance since they are already covered. If this happens, can I work the student over 30 hours a week (which he would then be a FTE) and would I avoid any fines? What would I need to show to protect my business from fines? Can the student opt out if he would regularly work over 30 hours a week?
2. Same situation with an older man that is covered by his wife’s insurance. Do I have to schedule these workers less than 30 hours a week to avoid any penalties?
As an employer with over 50 full-time equivalents, you have to offer coverage to full-time employees, but employee's don't have to take it.
You can simply offer them coverage and they can not take it. As so long as they don't get cost assistance on the Marketplace the IRS won't be asking you to pay the fee.
If they do go and get Marketplace cost assistance, the worse that will happen is that you'll owe $3000 per employee who got marketplace cost assistance (or $2,000 per each full-time employee who works for you, if that amount is less).
Ie the fee is for you not offering coverage, and them getting Marketplace cost assistance. It's not based on whether or not they have coverage through you.
Learn more about the employer mandate.