Department Of Labor Delays Exchange Notice:

On Thursday, January 24th, 2013,  the Department of labor announced that the deadline to notify employees about the availablility of the state exchanges has been pushed back from the original deadline date of March 1, 2013.

Section 18B of the Fair Labor Standards Act (FLSA), as added by section 1512 of the Affordable Care Act, generally provides that, in accordance with regulations promulgated by the Secretary of Labor, an applicable employer must provide each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), a written notice informing the employee how Exchanges work and their availability.

The Department of Labor has concluded that the notice requirement under FLSA section 18B will not take effect on March 1, 2013 for several reasons.

First, this notice should be coordinated with HHS's educational efforts and Internal Revenue Service (IRS) guidance on minimum value.

Second, we are committed to a smooth implementation process including providing employers with sufficient time to comply and selecting an applicability date that ensures that employees receive the information at a meaningful time.

The Department of Labor expects that the timing for distribution of notices will be the late summer or fall of 2013, which will coordinate with the open enrollment period for Exchanges. The Department of Labor is considering providing model, generic language that could be used to satisfy the notice requirement. Complete Release from DOL


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