Model Exchange Notice Deadline and Requirements

Benefit Buzz Sept 2013The Affordable Care Act requires employers to provide all new hires and current employees with a written notice about ACA’s Exchanges. This requirement is found in Section 18B of the Fair Labor Standards Act (FLSA).

On May 8, 2013, the Department of Labor (DOL) released Technical Release 2013-02 to provide temporary guidance on the requirement to provide employees with a notice about the Exchanges. The name the DOL uses for the Exchange notice is the “Notice to Employees of Coverage Options.”

The DOL has provided Model Notices to Employees of Coverage Options for employers to use to satisfy the notice requirement.

Employers must provide current employees with an Exchange notice by Oct. 1, 2013. Employees hired after that date must be given the notice within two weeks of hire.

Contact Bill Brown ( for a copy of the model notice.

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