The October 1, 2013 deadline for providing employees with a notice of their coverage options through the newly established public health insurance exchanges (referred to as the “Marketplace”) is quickly approaching. This news alert summarizes the key points of the notice requirement.

The notice requirement is contained within section 18B of the Fair Labor Standards Act (FLSA), as added by the Patient Protection and Affordable Care Act (ACA). In January, the Department of Labor (DOL) announced that it was delaying the original March 1, 2013 deadline for providing the notice, in part to coordinate delivery of the notices with open enrollment for the Marketplace, which begins on October 1, 2013. The DOL subsequently released model notices and, in recent weeks, clarified other questions relating to the notice requirement, such as who may provide the notice and the penalties for failure to provide the notice.