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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 this Author

Jeffrey J. Bakker, Partner, neal gerber law firm

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 andERISA 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...

Patricia S. Cain, Partner, Neal Gerber law firm

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.

Patty’s representation of employers includes the following:

  • Preparing or reviewing plan documents and participant communications for alignment with employer’s objectives and legal compliance;
  • Educating employees who are fiduciaries on their responsibilities with respect to benefit plans;
  • Advising employers on proposed changes to benefit plans to meet the employer’s objectives; and
  • Assessing costs and risks associated with benefit plans in connection with buying or selling a business.