This information
collection request is approved for 6 months. DOL will immediately
begin the process of obtaining approval through the normal PRA
process. DOL will also upload final documents via a nonsubstantive
change request.
Inventory as of this Action
Requested
Previously Approved
11/30/2013
6 Months From Approved
72,484,292
0
0
374,502
0
0
12,229,992
0
0
Section 18B of the FLSA, as added by
section 1512 of the Affordable Care Act, generally provides that,
in accordance with regulations promulgated by the Secretary of
Labor, an applicable employer must provide each employee at the
time of hiring (or with respect to current employees, not later
than March 1, 2013), a written notice: 1. Informing the employee of
the existence of Exchanges including a description of the services
provided by the Exchanges, and the manner in which the employee may
contact Exchanges to request assistance; 2. If the employer plan's
share of the total allowed costs of benefits provided under the
plan is less than 60 percent of such costs, that the employee may
be eligible for a premium tax credit under section 36B of the
Internal Revenue Code (the Code) if the employee purchases a
qualified health plan through an Exchange; and 3. If the employee
purchases a qualified health plan through an Exchange, the employee
may lose the employer contribution (if any) to any health benefits
plan offered by the employer and that all or a portion of such
contribution may be excludable from income for Federal income tax
purposes. The model notice is being to provided by the Department
to faciliate compliance with FLSA section 18B.
On January 24, 2013, the
Department issued guidance stating the Departments conclusion that
the notice requirement under FLSA section 18B will not take effect
on March 1, 2013 for several reasons. The Department explained that
this notice should be coordinated with HHS's educational efforts
and Internal Revenue Service (IRS) guidance on minimum value. The
guidance also stated the Departments commitment to a smooth
implementation process including providing employers with
sufficient time to comply and selecting an applicability date that
ensures employees receive the information at a meaningful time. The
guidance further stated that the Department expects the timing for
distribution of notices will be the late summer or fall of 2013,
which will coordinate with the open enrollment period for the
Marketplace. Subsequent to issuing the January 2013 guidance, the
Department received unexpected requests from many employers for
guidance and a model notice earlier than the summer or fall 2013
timeframe to allow them to inform their employees about the
upcoming coverage options available through the Marketplace as soon
as possible. In response to such requests, the Department is
planning to issue a Technical Release providing temporary guidance
regarding the notice requirement and a model notice by the end of
April 2013. The model notice is a collection of information subject
to the Paperwork Reduction Act. In accordance with 5 CFR 1320 and 5
CFR 1320.10, the Department is hereby requesting emergency
clearance from OMB to issue the model notice immediately to ensure
that approximately 72.5 million American workers are informed about
their coverage options available under the Affordable Care Act as
soon as possible and to facilitate compliance by the approximately
6.2 million employers that are required to provide the notice.
US Code:
29
USC 218a Name of Law: Fair Labor Standards Act (FLSA)
US Code: 29 USC 218a Name of Law: Fair Labor
Standards Act (FLSA)
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Notice to Employees of Coverage Options under FLSA 18B