Effective January 1, 2020, Assembly Bill 1554 requires that California employers notify employees who participate in a flexible spending account, including a dependent care flexible spending account, a health flexible spending account or adoption assistance flexible spending account, of any deadline to withdraw funds before the end of the plan year. More specifically, the law requires that two different forms of notices be delivered, one of which may be electronic. The forms of notice may include, but are not limited to the following: email, telephone, text message, postal mail and in-person notification.

Employers are advised to keep a record of each notice delivered to confirm compliance with the statute.