NO PENALTY FOR NOT PROVIDING NOTIFICATION, BUT RETALIATION CLAIMS COULD COME LATER
By no later than Oct. 1, FLSA-covered employers must provide a notice regarding the marketplace to all employees, including part-time, seasonal, temporary or any other employee who may not otherwise be eligible for an employer-sponsored health plan.
The federal Department of Labor (DOL) has issued two model notices, one for employers who offer coverage one for employers who do not. Download the notices in English and Spanish at calrest.org/notify. Notices should be given to and collected from all existing employees, and to any new employees within 14 days of hire.
NO FINE FOR FAILING TO NOTIFY – YET
While no penalty is currently imposed, the notice is required under the law and future guidance is likely to presume it has been given. It’s also possible that future guidance will be issued that does impose the penalty for future failures to provide it. The better approach in most situations is to provide the notice, modifying it if necessary based on the employer’s own circumstances.
For more information, go online at calrest.org/healthcare.