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Required Employer Notice Under the Affordable Care Act (ACA)

Douglas H. Hoang
Morris Polich & Purdy LLP - San Francisco Office

Beth A. Kahn
Morris Polich & Purdy LLP - Los Angeles Office

September 26, 2013

Previously published on September 10, 2013

By October 1, 2013, all employers covered under the Fair Labor Standards Act must notify their employees of health coverage alternatives available to them under the Affordable Care Act.

The United States Department of Labor has issued guidance regarding the required notice and has made model notices available in English and Spanish for employers to utilize. There are two separate notices, one for employers that offer a health plan to some or all of its employees and the other one for employers who do not offer a health plan. The model notices are available HERE under the heading “Notice to Employees of Coverage Options.”

This notice requirement applies to all employees, regardless if they are full or part time, or whether or not they currently receive insurance through their employer. However, employers are not required to provide a separate notice to dependents or other individuals who are or may become eligible for coverage under the plan, but who are not employees. The notice can be distributed either by first class mail or electronically. Employers may notify employees electronically if the employer meets the federal requirements for electronic disclosure. All current employees must be notified by October 1, 2013. Employees hired after October 1, 2013 must receive the notice at the time of hiring or within fourteen (14) days of the employee’s start date.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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