DOL Extends Use of ACA Marketplace Notice

Volume 40 | Issue 69

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With little fanfare, the DOL has extended through May 31, 2020, the use of an earlier model marketplace notice that employers can use to notify new employees of the availability of the ACA marketplaces, better known as exchanges.

Background

Under the Affordable Care Act (ACA), employers subject to the Fair Labor Standards Act (FLSA) must provide a notice to employees including certain information about coverage options under the ACA’s marketplaces. (See our May 9, 2013 FYI Alert.) To help employers meet this requirement, the DOL has provided a model notice. Starting in October 2013, the notice must be provided to new employees within 14 days of their start date.

New Developments

The DOL has now extended to May 31, 2020, from May 31, 2017, the use of its model notice to meet the ACA notification requirement.

Comment. Other than a three-year extension of its expiration date, the model notice is unchanged. Employers who were already in compliance with the notice requirement should not need to take any additional action.