As part of the Affordable Care Act (ACA), on October 1, 2013, employers covered under the Fair Labor Standards Act (FLSA) must provide a notice of coverage options to each employee, regardless of plan enrollment status (if applicable) or of part-time or full-time status. Generally, the FSLA applies to all businesses that employ one or more employees and that operate with more than $500,000 in annual dollar volume. The DOL has an online tool to help determine FSLA applicability.
The written notice must inform employees of the following:
- The existence of the Healthcare Marketplace, including the services provided and how to contact the Marketplace for assistance.
- Eligibility for a premium tax credit under certain conditions.
- Details on choosing Marketplace plans or employer-offered plans.
The Federal Department of Labor (DOL) issued a technical guidance on complying with the Notice of Exchange Coverage Notice provisions. The guidance provides two sample notices, one for employers who offer a health plan to employees and one for employers who do not offer health coverage to employees. The notices can be downloaded below.
For more information on the Health Exchange Coverage Notice or other requirements under the ACA, please visit DOL’s ACA homepage or contact an attorney specializing in employment law.
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