California Coverage for Interns under the Affordable Care Act
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How to fill out Coverage For Interns Under The Affordable Care Act?
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FAQ
The internship must take place as part of an educational program, requiring participation in school or something similar. The intern is prohibited from receiving any employee benefits, including insurance and workers' compensation insurance.
Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws.
However, when it comes to legal matters, there is often confusion about the distinction between interns and employees. In California, the law is clear: unpaid interns are not considered employees and therefore cannot be eligible for workers' compensation benefits. Continue reading to learn more.
In most cases, unpaid interns would be reclassified as nonexempt employees. This means that you would also be entitled to recover: unpaid overtime, and.
While workers' compensation is rather comprehensive, some individuals are exempt from workers' comp in California. Under California Labor Code, Division 4, Part 1, Chapter 2, Section 3352, these workers include the following: Sole Proprietors and business owners (excluding roofers) Business owners.
Unpaid interns aren't considered employees in California, so they aren't eligible for workers' compensation benefits. However, if your company isn't following the rules regarding unpaid internships, you might be classified as an employee under the law.
California businesses with at least one part-time or full-time employee must get workers' compensation insurance. The state defines an employee as a person working for a company, whether the arrangement is: Expressed or implied. Oral or written.
Any intern that meets the ACA definition of a full time employee should receive a Form 1095-C. No Form 1095-C is required if an intern terminates employment before 1) meeting the plan's waiting period (if coverage would otherwise be offered) or 2) completing the initial measurement period.
