The Affordable Care Act amended the Fair Labor Standards Act (FLSA) to require that employers provide each employee with notice about the Marketplace exchanges. The notice requirement applies to employers generating at least $500,000 in annual dollar volume of business that employ one or more employees who are engaged in, or produce goods for, interstate commerce.

Employers must provide notice to their existing employees by October 1, 2013, and must provide notice to new employees hired on or after October 1, 2013 within 14 days of an employee’s start date.  Each employee must receive notice, regardless of the employee’s health plan enrollment status and part- or full-time employment status. Notice may be provided in writing or electronically under the Department of Labor’s electronic disclosure rules.

To satisfy this notice requirement, the Department of Labor has provided model notices on its website, at

Employers may modify the notice, as long as it meets the content requirements described on the Department of Labor’s health reform website above.

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