The U.S. Department of Labor’s Employee Benefits Security Administration recently issued new guidance on the Affordable Care Act (ACA) requirement that employers provide employees with a notice of their health insurance coverage options available through the future health insurance exchanges. This notice requirement is established through section 18B of the Fair Labor Standards Act (FLSA), added by the ACA.
All employers subject to the FLSA are required to provide the notice of health coverage options to each new employee at the time of hiring beginning Oct. 1, 2013, and to all current employees by Oct. 1, 2013. A notice will be considered to have been provided at the date of hire so long as it is provided within 14 days of an employee’s start date. All employees must receive this notice, regardless of plan enrollment status or of part-time or full-time status. Separate notices to dependents or other non-employees who may become eligible for coverage are not required.