One of the unintended consequences, say some industry insiders, is that it could lead to productions running to foreign countries, given that ACA doesn’t apply to U.S. citizens working abroad. Some also say the number of production days in the U.S. are likely to be cut due to ACA because there’s a 90-day waiting period before productions must either pay a penalty or offer health insurance to full-time workers. That rule provides big incentives for a production to wrap in less than three months. While big-budget movies and season-long TV shows might not have such a luxury, smaller films or TV pilots could easily rush their schedules to make sure they come in at under 90 days.
But like much about ACA, the 90-day rule is subject to interpretation, says Daniel Cox, controller of payroll-services company PES Payroll. “Historically, if an employer had a 90-day wait period,” says Cox, “the benefits would kick in on the first day of the fourth full month of employment. Thus, that 90-day wait period was, in reality, as long as 119 days. The ACA is unclear on this. Does 90 days mean 90 days? If so, it really means 60 days.”
In order to dial down the frustration level, the major payroll-services companies are hiring outside tax, legal and benefits consultants — Cast & Crew has engaged Henehan Co., for example — and are setting meetings with production clients. Payroll firm Entertainment Partners has authored a 39-page report that includes 81 frequently asked questions. FAQ No. 7, for example, contains the seven steps to determine whether or not a production employs 50 full-time workers, which would trigger an “employer mandate” for health coverage. In a nutshell, if you’ve got about 40 employees who work 130 hours a month and an additional 20 who work 65 hours monthly, you’re probably subject to the mandate.
Join the conversation as a VIP Member