When to Offer Health Care to Cast and Crew

Compliance is a major part of being a producer or owner of a production company. Maybe you’re being compliant with common labor laws, but are you adhering to health care laws? 

Knowing when to provide cast and crew health care is a tricky thing. The law states one thing, but in production, there are a million and a half different scenarios where that same law could or could not apply.

The trickiest of situations usually occurs when dealing with non-union workers. So we’re going to explore this question by breaking down how current health care laws apply to these types of employees. 

Let’s get into it.

What does the law say?

Let’s cover the basics first.

The Affordable Care Act (ACA) requires employers with 50 or more full-time employees—including part-time employees whose hours meet a certain threshold—to provide health insurance to 95% of their full-time team. Otherwise, there’s a penalty to pay.

That penalty for not providing insurance to 95%? It’s a hefty $2,970 per full-time employee annually in 2024. While the law allows you to subtract the first 30 full-time employees from the penalty calculation, that doesn’t really provide a “buffer.” If you have 70 full-time employees and fail to meet the 95% coverage requirement—even by a small margin—you’ll be charged the penalty on 40 employees (70 minus 30). In other words, the penalty still applies to all other full-time employees beyond the first 30, no matter how close you were to meeting the threshold.

And if you do offer insurance but it doesn’t meet affordability or minimum value standards? You could still face a $4,460 per employee annual penalty for each team member who qualifies for and receives a premium tax credit.

Long story short: staying compliant isn’t just about following the rules—it’s about protecting your business from costly surprises.

Again, these penalties are as of 2024, we will update if these change throughout 2025. 

As it pertains to full-time employment

With employees moving from set to set and working multiple jobs in a short period of time, interpreting the law specifically for production employees can get super tricky, super fast.

Fortunately, the ACA provides clear guidance: Applicable Large Employers (ALE's) must offer health insurance to employees who work at least 30 hours per week or 130 hours per month to avoid penalties.

As it pertains to part-time employment

To prevent companies from sidestepping health insurance requirements by distributing hours among multiple part-time workers, the law introduces the concept of full-time equivalent (FTE) employees.

Important: Productions with fewer than 50 full-time or FTE employees are not considered Applicable Large Employers and are not required to provide health insurance under the ACA.

How do I know if I am an Applicable Large Employer?

Even if a crew member works fewer than 30 hours a week or only for a short period, their hours still count toward the FTE calculation for ALE determination. For example, if several part-time production assistants each work 15 hours per week, their combined hours could equal one or more FTE employees.

To calculate FTEs:

1. Add up the total hours worked by all part-time crew members for the month.
2. Divide that total by 120.
3. Combine this result with the number of full-time employees (those working 130+ hours per month).

If an employer has at least 50 full-time employees, including full-time equivalent employees, on average during the prior year, the employer is an ALE for the current calendar year and is required to offer affordable health insurance to its employees under ACA.

Union & non-union example scenarios 

If you’re on a union set, it’s fairly straightforward. Benefits like pension and health insurance are baked into union contracts, so you don’t have to think too much about whether you’re in compliance. 

If you’re working with non-union workers, this is where it’s on you to follow the guidelines of the ACA, as these specific employees do not have health care stipulations laid out in their contracts.

Let’s go over a few examples to highlight what being compliant might look like.

Non-union workers on a single production

If a non-union employee works for you on a single project, when would you have to provide health insurance? What has to happen?

Remember, a production has to be an Applicable Large Employer (ALE) for the following scenarios to result in any potential offer of health insurance coverage. In addition, each of the 50 employees needs to work at least 30 hours per week or each employee has to work an average of 130 hours per month.

Example scenario 1: 

Let’s say a non-union worker is working for you on a shoot that lasts two days. They are working 16 hours in total for those two days (8 hours per day). They meet the criteria for being one out of 50 employed by you, but they are only working 16 hours total—both for the week of production and the month as a whole. You as the producer (or production company owner, if somehow different), are not responsible for providing health insurance coverage.  

Example scenario 2: 

What if this employee is again one of 50, but they work 130 hours in a given month? The short answer is: it depends. They could be eligible if they've also consistently worked 130 hours over prior months, or if you expect them to work 130 hours every month going forward. This is where a trusted advisor can help! If you’re a Wrapbook customer, ask about how we can help. 

Non-union workers on multiple productions

What if a non-union employee works on several distinct projects that all are being made under your production company banner? Do you have to offer them healthcare? And when?

Example scenario:

You have at least 50 employees working per project, and they are working at least 30 hours per week. However, those hours are spread across two or more projects. For simplicity’s sake, let’s say a person works 15 hours on one project and then another 15 hours on a different project. Both projects are under your production company name. 

What now?

ACA compliance applies at a company level—not a project level. That means if the number of employees and the number of hours meet the requirements across several projects, you as the producer or owner of the production company are responsible for providing health insurance coverage for them.

Many production companies operate this way. It’s incredibly common that a company employs the same crew for each of its projects where the volume is large and turnaround time is quick.

Making ACA compliance easier for productions

As you can see, ACA compliance can get complicated in the production industry. From calculating full-time equivalent employees to managing coverage across multiple projects, the complexities can quickly add up—especially for companies operating at scale.

That’s where Wrapbook comes in. We simplify benefits management so you can focus on what matters most: your production. With automated eligibility tracking, ACA-compliant plan options, and transparent fringe pricing, Wrapbook helps you navigate compliance with confidence. Whether you’re working with our vetted providers or your own, our concierge team partners with you to ensure smooth administration and clear communication every step of the way.