FLSA Notice of Health Insurance Coverage

FLSA Notice of Health Insurance Coverage

Notice of Health Insurance Coverage

As of October 1, 2013, employers subject to the Fair Labor Standards Act (FLSA) are responsible for providing to their employees certain information regarding the Health Insurance Exchanges that the states are required to set up by January 1, 2014.

Employers must provide the Marketplace Notice in writing to all existing employees no later than October 1, 2013, and to each new employee at the time of hire (but no later than within 14 days of an employee’s start date). The notice may be furnished by direct in-hand distribution, first-class mail, or electronically in a manner that meets the requirements of the DOL’s electronic disclosure safe harbor rules.

Employers must provide the applicable notice to all employees, regardless of their plan enrollment status or whether they are part-time or full-time. However, notices are not required for dependents or other individuals who are not employees. Employers that offer group health plans to some or all employees will also need to disclose certain information, including whether health coverage is offered to some or all employees, eligibility criteria, availability of dependent coverage, whether the employer coverage meets the minimum value standard, and whether the cost of this coverage to the employee meets the affordability tests.

We have provided two model forms in .pdf format for you to useā€”one for companies offering health insurance and one for companies that do not.