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 facilitate compliance with FLSA section 18B.
US Code:
29
USC 218a Name of Law: Fair Labor Standards Act (FLSA)
There are no program changes
for this submission. The PRA hour and cost burden estimates
decreased in this submission because the previous submission
reflected one-time start-up costs, which are no longer applicable.
This submission also correctly disaggregates burden across private
sector employers and public sector employers in ROCIS. The prior
submission accurately reflected total burden, but failed to reflect
the disaggregated burden across sectors within the submission's
ROCIS entry.
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.
FLSA 18B Notice ss17.docx
DOL TR 2013-02.pdf
Notice to Employees of Coverage Options Under FLSA Section 18B (State and Local Gov't)