Labor & Employment Law Blog

All employers subject to the FLSA will be required to provide the notice. Employers must provide the notice to each employee, regardless of plan enrollment status (if applicable), or of part-time or full-time status. The notice does not have to be provided to dependents.

The notice must be provided in writing. The notice may be provided electronically if the requirements of the DOL’s electronic disclosure safe harbor are met. (See 29 CFR Section 2520.104b-1(c)).

After October 1, 2013, for new hires, the notice must be provided within 14 days of an employee’s start date.

Model Notices

The Department of Labor published model notices for employer use. There is one notice for employers that offer a health plan to some or all employees, and one notice for employers that do not offer a health plan. 

Open enrollment in the Marketplaces begins October 1, 2013, for coverage beginning on January 1, 2014.