FLSA Mandates



The Affordable Care Act (ACA) implements its various market reforms and mandates by amending the Public Health Service Act (PHSA). These are often referred to as the PHSA Mandates and they apply directly to insurers and government plans. These mandates were also incorporated by reference into the Employee Retirement and Income Security Act (ERISA) and the Internal Revenue Code (Code) making them applicable to employer-sponsored group health plans, including self-insured plans.

Exchange Notices:  The Affordable Care Act (ACA) added a requirement under the Fair Labor Standards Act (FLSA) for employers to provide a notice to employees informing them of health plan coverage options in the new Marketplace (referred to as the Exchange in the ACA) and how these are impacted by employer provided health coverage.  You will receive a separate reminder to distribute these notices as part of the  Exchange Notice Activity.

Non-retaliation provisions:  Employees are protected from retaliation for reporting alleged violations of the Affordable Care Act’s health coverage reforms (Title I of the Act) and for receiving a premium tax credit or a cost sharing reduction for enrolling in a qualified health plan.

Auto Enrollment:  Awaiting further guidance.