No Fines For Employers That Fail To Comply With Certain ACA Notice Provisions

The Employee Benefits Security Administration (EBSA) has issued a Frequently Asked Question (FAQ) stating that employers will not be fined for failing to provide, by Oct. 1, 2013, written notices to their employees about the health insurance Marketplace, as mandated by the Patient Protection and Affordable Care Act (ACA). According to the EBSA, companies covered by the Fair Labor Standards Act should provide such written notices, but there will be no fine or penalty imposed if they do not.

The notices, if provided, should tell employees about the health insurance Marketplaces, should advise them that they might get lower-cost private insurance via the Marketplace, and should caution them that, if they do decide to buy insurance through the Marketplace, they could lose any employer contributions to their health benefits.

Sample model notices are available at for employers that provide health insurance and at for employers that do not.

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