July 25, 2014

Model Notice on Exchanges / Marketplaces Released

The Patient Protection and Affordable Care Act (the “Affordable Care Act”) amended the Fair Labor Standards Act (the “FLSA”) to require that employers subject to the FLSA provide new and existing employees with a written notice regarding health insurance exchanges, also known as marketplaces. The Affordable Care Act originally required that employers provide such notice to existing employees by March 1, 2013. Earlier this year, however, the Department of Labor (the “DOL”) postponed that date until further notice.

On May 8, 2013, the DOL issued further guidance stating that employers are required to provide the notice to existing employees by October 1, 2013. On and after October 1, 2013, employers must provide the notice to each new employee within fourteen days of the employee’s hire date. The DOL also issued two model notices for use by employers—one for employers that offer health coverage to some or all employees (available at and one for employers that do not offer health coverage (available at

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About the Author


Jeffrey J. Bakker represents companies with respect to a wide array of executive compensation and employee benefit matters, including: designing and preparing deferred compensation and equity compensation plans; ensuring tax and ERISA compliance of qualified and non-qualified retirement plans (including defined contribution, defined benefit and cash balance plans); advising clients as to their fiduciary responsibilities with respect to employee benefit plans; and counseling clients on the administration of welfare benefit plans (including health savings accounts). His practice also...


About the Author


Patricia S. Cain advises employers on a broad range of employee benefit matters, including counseling employers on the design, implementation and administration of broad-based pension and health care plans, executive compensation arrangements and early retirement programs. She represents employers in ruling requests and controversies before the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation. She also represents employers in disputes arising under benefit plans, both in the administrative claims process and in federal court.



Stephanie Vasconcellos advises corporations, partnerships and tax-exempt entities on a variety of employee benefits issues, including implementing, re-designing, amending and terminating plans, and correcting plan failures. She counsels clients on COBRA, ERISA, HIPAA, the Internal Revenue Code and other federal laws, as well as federal and state data privacy and security laws. Stephanie also drafts policies and procedures, business associate agreements, plan documents and other transactional documents for employers, health plans and health care providers.


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