• Home
    Home We Serve America's Restaurants Representing nearly 500,000 restaurant businesses, we advocate for restaurant and foodservice industry interests and provide tools and systems that help members of all sizes achieve success.
  • Foundation
    Foundation Building & Retaining Talent The NRAEF is focused on developing a stronger workforce and building the next generation of industry leaders through education, scholarships and community engagement.
  • Show
    Show May 18-21, 2019 As the international foodservice marketplace, the National Restaurant Association Show provides unparalleled opportunities for buyers and sellers to come together, conduct business and learn from each other.
  • ServSafe
    ServSafe Minimize Risk. Maximize Protection. For over 40 years, ServSafe® training programs have delivered the knowledge, leadership and protection that have earned the trust and confidence of business leaders everywhere.

National Restaurant Association - DOL reminds employers to provide exchange notice by Oct. 1

Skip to navigation Skip to content

News & Research

Email Print
News RSS

DOL reminds employers to provide exchange notice by Oct. 1

Employers covered by the Fair Labor Standards Act are required to notify all employees about new health insurance exchanges, or marketplaces, by Oct. 1, and within 14 days of hire for employees who come on board after Oct. 1, the Department of Labor reaffirmed in a Sept. 18 webcast.

Employers must provide the new FLSA Section 18(B) notice to all employees, whether full-time or part-time, DOL officials said. The requirement applies whether the employer offers health benefits or not, and whether the employee is enrolled in an employer's health plan.

DOL officials said employers can provide the written notice in a variety of ways, including mailing it, hand-delivering it, or adding it to paychecks, pay stubs or new-hire materials. Employers can also provide the notice electronically, as long as the electronic form meets DOL standards. "The key is to make sure you use a reliable method to ensure delivery to employees," a DOL official said.

The NRA offers its members an easy-to-use online tool at Restaurant.org/Notify to provide notice to employees. Employers who sign up for the NRA's Notification Tool can send their employees to the site and keep track of which employees have been notified. The NRA’s tool uses model language provided by the DOL to meet the law’s requirements.

The employee-notice requirement was passed as part of the Affordable Care Act. It requires employers to provide three pieces of information to employees: about the existence of the new health insurance marketplaces; that employees may eligible for federal tax subsidies to buy health plans through an exchange; and that employees who choose to buy health plans through an exchange rather than through their employer would lose the employer's contribution to the premium, if any.

The DOL offers two model notices, one for employers who offer health plans and another for employers who do not:

-- Model notice for employers who offer health care coverage
-- Model notice for employers who do not offer health care coverage.

Employers are not required to use the DOL's model notices. "These are simply model notices and may be revised to better suit the employer's needs," a DOL official said during the webcast. "We have the model notices available in Word format so employers can easily modify it... Employers can also create their own model notices."

The DOL's model notices go well beyond the three-part notice required under the ACA. The DOL offers more background on the FLSA notice requirement.

The FLSA mandate is a statutory requirement that applies to all FLSA-covered employers. While there are no monetary penalties for employers who do not deliver the notice, the DOL officials reminded businesses that "employers are required to comply, and employees are entitled to receive the notice from their employer."

The DOL also provided during its webcast information on new SHOP exchanges that will start accepting applications Oct. 1 from small employers interested in purchasing health insurance.

Conserve RSS Healthcare RSS Conserve RSS

▲ Back to Top

New report

Spot Ad right

We're glad you're here!®

® 2012-2017 National Restaurant Association. All rights reserved.

2055 L St. NW, Suite 700, Washington, DC 20036
(202) 331-5900 | (800) 424-5156