Dear ASDA Member,
We have received numerous inquiries regarding the U.S. Department of Labor letter of May 8, 2013 related to employers’ obligation to notify employees about insurance coverage available through the Insurance Exchange (Marketplace.).
The Affordable Care Act (ACA), or Obamacare, amends the Fair Labor Standards Act indicating that employers should provide a notice to employees informing them of the existence of the newly formed Marketplaces under the ACA, along with information on how to contact the Marketplace to request assistance in purchasing coverage if the employees choose to do so. Specifically, by October 1, all employers covered by the Fair Labor Standards Act (which includes all dental offices) should furnish each of their employees with a notice that informs the employees that there are new health insurance marketplace coverage options available. Department of Labor notices designed for this purpose are available for printing.
What you should do:
- For employers who offer a health plan to some or all employees, print (http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf) and have each employee complete form. Keep original for your employee files, and give copy to employee.
- For employers who do not offer a health plan to some of all employees, print (http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf?).%20) and have each employee complete form. Keep original for your employee files and give copy to employee.
Please note: All dental offices are subject to the Fair Labor Standards Act, so all should comply with a written notice to employees by October 1 as part of best practices, but there is no penalty or fine under the law for failing to provide the notice.