Is Your Employer Complying With The FLSA and Notice Provisions Of The Affordable Care Act?

Do you know what the Affordable Care Act (ACA) means for you? Has your employer properly notified you of your rights as required?

The first phase of the ACA began October 1, 2013 with open enrollment for health insurance though the Health Insurance Marketplace. The Fair Labor Standards Act (FLSA) requires that employers must provide notice to employees of coverage options available through the Marketplace.

Listed below are some basic steps that you employer must comply with under the ACA/FLSA. If you have questions about the Affordable Care Act or what steps your employer is required to take, it’s a good idea to speak with an experienced Georgia wage and hour attorney who can help walk you through the basic provisions.

One of the first questions to determine is whether your employer is subject to the FLSA. All employers subject to the FLSA must provide employees notice of health care coverage options and information about the ACA. Generally, employers covered by the FLSA are those that employ one or more employees who are engaged in, or produce goods for, interstate commerce. In some situations, the business must make at least $500,000 annually, however certain businesses are covered regardless of how much they bring in annually.

What type of notice is required?

If your employer is a covered business, it must provide notice of coverage options to each employee, regardless of whether they work full or part time or plan enrollment status.

The notice must include the following information:

  1. The notice must inform employees of the existence of the Marketplace (also called the “Exchange)” including a description of the services provided by the Marketplace, and how to contact the Marketplace to request assistance;
  2. That if your employer is going to provided less than 60 percent of such costs of obtaining health care and you purchase a plan through the Marketplace, you may be eligible for a premium tax credit; and 3. If you purchase a health plan through the Marketplace, you may lose any employer contribution to health benefits that you have.

How must my employer provide me notice?

Employers are required to provide current employees the notice of right to coverage not later than October 1, 2013. New hires must be given notice of the ACA marketplace within 14 days of an employee’s start date.

The notice must be provided in writing in a manner that can be understood by the average employee. Your employer can provide you notice in a number of different ways such as by first-class mail, hand delivery, with your paycheck or even via email.

To see an example of what must be included in the ACA notice, go to the Department of Labor’s website, or click here for an example. The DOL has stated that it expects all employers to begin complying with the regulations as of October 1, 201.

For more information or if you have questions about the ACA, please contact us.