The Affordable Care Act requires employers to provide all newly hired employees with a written notice about health coverage options available through the Health Care Marketplace (the Exchange). All employers subject to the Fair Labor Standards Act (which are most employers) must provide the Exchange Notice. The requirement is not just limited to employers with 50 or more employees.
Each employee must be given an Exchange Notice, regardless of part-time/full-time status or plan eligibility/enrollment. The notice must include certain disclosures, and the U.S. Department of Labor has provided two model notices to help employers meet their disclosure obligations. One model notice is for employers without health plans and the other notice is for employers with health plans. A copy of the model notices can be accessed by clicking here.