Employers subject to the Fair Labor Standards Act (FLSA) must distribute the notice to all new hires employees (part-time and full-time), regardless of plan eligibility status. The requirement to provide the notice to new hires at the time of hiring may be satisfied by providing the notice to new employees within 14 days of their start date. Employers may choose to modify the model notices, but any notices sent must be written in a manner calculated to be understood by the average employee. Employers may send the notices by first-class mail or use electronic delivery methods meeting the DOL's safe harbor, but may not charge for sending the notice.
Federal regulators released model notices, copies of which appear below, that employers can provide to employees to satisfy the federal health care reform law notice requirement. Among other things, the notices from the U.S. Department of Labor — one for employers who offer a health plan to some or all employees, and one for employers who do not offer a health plan — explain how exchanges will operate, and that certain conditions will have to be satisfied for employees to obtain federal premium subsidies to purchase exchange-provided coverage. Employers can provide a link in the notice to a Department of Health and Human Services website, www.healthcare.gov, for information on specific state exchanges.
Employers who offer health plans
Employers who do not offer health plans