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Health Insurance Marketplace Notice — Employers Not Offering Coverage

DOL exchange notice for employers without a group health plan. Provide to all new hires within 14 days of hire.

Companies Eligible

Every employer covered by the Fair Labor Standards Act that does not offer a group health plan — in practice, nearly every employer without a plan.

Offering or not offering coverage decides which version to use, not whether the notice is required. Prospects and clients with no plan still owe this one.

What it is

The DOL model notice under FLSA section 18B explains the Health Insurance Marketplace, that the employee may qualify for a premium tax credit, and that the employer does not offer coverage.

What needs to be done

  • When: To every new employee within 14 days of the start date — full- or part-time, whether or not they would ever be benefits-eligible.
  • To whom: All new hires.
  • Who performs: HR, in onboarding.
  • Customize: Part B: employer name, EIN, address, phone and a contact.
  • Deliver: First-class mail, hand delivery, or electronically under the DOL safe harbor.
  • Keep: A dated copy in the new-hire checklist.

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