What do I need to tell my employees about the Marketplace?



Under the health care law, many employers must notify their new employees about the Health Insurance Marketplace. Model notices are available.

Information that must be included in the written notice to your employees

If your company is covered by the Fair Labor Standards Act, you must provide a written notice to new employees informing them:

  • About the Health Insurance Marketplace
  • That, depending on any coverage you offer, they may be able to get lower costs on private insurance in the Marketplace based on their income
  • That if they buy insurance through the Marketplace, they may lose the employer contribution (if any) to their health benefits

You must provide these notices to all new employees. This is true regardless of their full-time or part-time status or whether they’re enrolled in your health care plan (if you have one).

There is no daily fine for failing to meet this requirement.

Get more details and guidance on employee notices in the U.S. Department of Labor’s Technical Release 2013-02.

Model notices for your use

The Department of Labor has two model notices that can help you meet the content requirements of the notice:

The model notices are also available in Spanish and MS Word format.

You may use one of these models or a modified version, provided the notice meets the content requirements in Technical Release 2013-02 described above.

The Fair Labor Standards Act

Wondering if the Fair Labor Standards Act applies to your company? The U.S. Department of Labor provides FLSA guidance, plus an interactive tool that will help determine whether the law applies to you.

Have questions about the SHOP Marketplace for businesses with 50 or fewer employees? Call 1-800-706-7893 (TTY: 1-800-706-7915). Hours: Monday through Friday, 9 a.m. to 7 p.m. EST. Agents and brokers helping small businesses may also use this number.