Health care reform
Original March 1, 2013 deadline pushed back until specifics are available
The government has delayed the March 1, 2013 deadline by which employers give written notice to employees (and new hires after March 1) about the existence of a Health Insurance Exchange in their state, as well as how to access the exchange. The Department of Labor (DOL) announced that employers do not have to meet the March 1 deadline. The deadline has been delayed until an as-yet unspecified date — likely late summer or early fall, to coincide with the open enrollment period for the exchanges.1 However, some employers may find it helpful to begin the communications sooner.
When the notice requirement goes into effect, all employers subject to the Fair Labor Standards Act (FLSA) must:
The Department of Labor will provide additional guidance on the notice requirement when more specific Health Insurance Exchange information is available.
The DOL has suggested that it may provide a template with generic language regarding the exchanges, which would allow employers to satisfy the notice requirement.
However, several questions about the requirement remain:
We will provide answers to these questions — and others — as more information becomes available.
Employers who are subject to the FLSA should anticipate an announcement regarding the new effective date of the notice requirement in order to remain compliant. If the notices mandate the distribution of state-specific information, employers will need to satisfy the requirements for each state in which they employ workers.