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.
table that charts list comparision
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 DepartmentÂs 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 DepartmentÂs 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