How does the state account for “per diem” employees when calculating minimum/eligible hours worked?
There are no specific guidelines in the regulations on how to determine whether or not a “per diem” employee meets the definition of full-time for purposes of the Fair Share Contribution (35 hours/week) and Section 125 (64 hours/month) requirements. Employers should demonstrate good faith compliance in developing eligibility standards for all employees who don’t consistently work the number of hours specified in the regulations.