October 1, 2013, is the deadline for employers to notify employees about the state-run insurance exchanges that will begin in 2014.

The Patient Protection and Affordable Care Act requires employers*, including those who do not offer health insurance coverage, to:

1) Distribute notification, regardless of enrollment and employment status (part-time or full-time), to all persons employed prior to October 1, 2013.

2) Provide notice to all employees hired after September 30, 2013, at the time of hiring.

Notification must include (a) the existence of an insurance marketplace, (b) that the employee may be eligible for premium assistance and a subsidy under the marketplace, and (c) that if the employee purchases a policy through the insurance marketplace, he or she may lose the employer contribution to any health benefits offered by the employer.

The Department of Labor has provided two model notices, for employers who offer health plans (http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf), and for employers who do not offer health plans (http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf).

For more information about this provision of the Fair Labor Standards Act (FLSA), visit the United States Department of Labor website at http://www.dol.gov/ebsa/newsroom/tr13-02.html.

If you have any questions or concerns, please don’t hesitate to contact our office at (513) 576-6770, and we would be happy to assist you. 

*In general, the Fair Labor Standards Act (FLSA) applies to employers that have (a) one or more employees who are engaged in commerce and (b) gross annual sales of $500,000 or more.