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01/29/13
ACA Notice by Employers is Delayed
Filed under: General
Posted by: RPLaw Firm @ 12:57 pm

Qualifying employers need to know that the required notice under Affordable Care Act has been delayed. The Department of Labor has recently announced that the notice
requirement under Section 18B of the Fair Labor Standards Act (FLSA), as added
by the Affordable Care Act (“ACA”), will be postponed. Originally, the notice
requirement called for employers to inform employees about the availability of
health care exchanges by 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:


  1. Informing the employee of the existence of Exchanges including a
    description of the services provided by the Exchanges, and the manner in
    which the employee may contact Exchanges to request assistance;
  2. If the employer plan’s share of the total allowed costs of benefits
    provided under the plan is less than 60 percent of such costs, that the
    employee may be eligible for a premium tax credit under section 36B of
    the Internal Revenue Code (the Code) if the employee purchases a
    qualified health plan through an Exchange; and
  3. If the employee purchases a qualified health plan through an
    Exchange, the employee may lose the employer contribution (if any) to
    any health benefits plan offered by the employer and that all or a
    portion of such contribution may be excludable from income for Federal
    income tax purposes.

visit RigginsLawfirm.com for more information or contact our office at 352-433-2400

Danialle Riggins, Esq.

Riggins Pisani, PA


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