ACA & the 40-Hour Definition: Overview

The Affordable Care Act redefined “full-time employee” as 30 hours per week rather than 40 hours per week, challenging many employees and small businesses in the restaurant and hospitality industry. This new definition has reduced employee options, increased employer operational burdens, and has not improved the quality of health insurance available for the workforce.

Employees in the restaurant industry are attracted to flexibility and the scheduling freedom of a vibrant workplace, where they can often swap shifts and change their hours from week to week in order to accommodate their needs. The 30-hour definition has scaled back this flexibility.

The National Restaurant Association supports a commonsense definition of the 40-hour workweek for full-time employees, which would increase employee hours, flexibility and income while providing relief to employers.
 

Our position

Fix the 30-hour definition of the full-time workweek to help employers and employees maximize their ability to work and grow in the communities they serve.

  • Support S. 1510, the Employee Flexibility Act, a bipartisan bill introduced in May 2019 by Sens. Todd Young (R-IN), Joe Donnelly (D-IN), John Barrasso (R-WY), and Kyrsten Sinema (D-AZ).
  • Support H.R. 2782, the Employee Flexibility Act, a bipartisan bill introduced in May 2019 by Reps. Jackie Walorski (R-IN), Dan Lipinski (D-IL), Mike Kelly (R-PA) and Collin Peterson (D-MN).