Affordable Care Act (ACA) / 1500 Hour Rule

It is now a matter of state law that employees who are not eligible for benefits under the state health care plan may not work more than 29 hours per week on average over the course of a year.  The “measurement” year has been defined as each May 1 through April 30 of the following year, to coincide with the open enrollment period for the state health plan and the ensuing Health Benefits Plan Year.

Accordingly, affected UMW employees may not exceed more than 29 hours per week on average on a yearly basis beginning May 1, 2013.  Employee schedules may vary from week to week to meet business needs, provided the average number of hours over the course of the twelve month period, May 1-April 30 (the “measurement” year), and does not exceed 29 hours per week.

State law specifies that agencies are accountable for compliance and are responsible for all costs related to violations of the Affordable Care Act. Affected employees must not be permitted to exceed the new work hour limit.



The purpose of FLSA is to establish minimum wage and overtime standards.  It distinguishes between covered (non-exempt) and excluded (exempt) employees and establishes an overtime threshold of 40 hours.

Training on the Fair Labor Standards Act is available for your review.