Notice to Employees of Coverage Options Under Fair Labor Standards Act Section 18B
Extension without change of a currently approved collection
No
Regular
Approved with change
12/11/2023
04/20/2023
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
12/31/2026
36 Months From Approved
12/31/2023
31,595,244
0
32,068,268
263,294
0
116,421
5,480,827
0
5,238,964
Many provisions of the Patient Protection and Affordable Care Act (Affordable Care Act) that became effective in 2014 were designed to expand access to affordable health coverage. These include provisions for coverage to be offered through a Health Insurance Marketplace (Marketplace), premium tax credits to assist individuals in purchasing such coverage, employer notice to employees of coverage options available through the Marketplace, and other related provisions.
Since January 1, 2014, individuals and employees of small businesses have had access to affordable coverage through a competitive private health insurance market â Health Insurance Marketplace. The Marketplace offers âone-stop shoppingâ to find and compare private health insurance options. Section 1512 of the Affordable Care Act created a new Fair Labor Standards Act (FLSA) section 18B [29 USC 218b] requiring a notice to employees of coverage options available through the Marketplace.
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 a written notice:
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;
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, then 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
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.
US Code:
29 USC 218a
Name of Law: Fair Labor Standards Act (FLSA)
There are no program changes for this submission, but data was updated. The number of employers and employees has been updated, and the data source was switched to QCEW from the Statistics of US Businesses due to a lack of updated data. Wages, postage costs, the rate of new hires, and electronic disclosure rates were also updated. As a result, the number of respondents increased by 3,058,950, the number of responses decreased by 473,024, and the cost burden increased by $241,863. The Department also decided to assign an hour burden to the preparation of electronic notices. As a result, the hour burden increased by 146,873.
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.
1210-0149 SS 4-14-22 Clean.docx
Notice to Employees of Coverage Options Under FLSA Section 18B (State and Local Gov't)