Another Federal Form Asks Employers to Explain Marketplace Coverage Options
Published Date: 10/16/2026
Notice
Summary
The Department of Labor is asking for public feedback on a rule that requires employers to give new hires a clear, easy-to-understand notice about health insurance options through the Health Insurance Marketplace. This helps employees know if they qualify for tax credits and affordable coverage. Comments are open until November 16, 2026, and this keeps small business workers in the loop about their health benefits.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Notice must explain premium tax credit eligibility (60%)
The required notice must tell employees that if their employer plan's share of the total allowed costs of benefits is less than 60 percent, the employee may be eligible for a premium tax credit under Internal Revenue Code section 36B. The notice requirement references the 60 percent plan-share threshold explicitly.
Estimated compliance burden on private sector employers
The Department estimates that the affected private-sector population totals 12,367,955 respondents with 33,688,484 responses, an annual time burden of 280,738 hours, and annual other costs of $12,362,326 for this information collection. DOL seeks Paperwork Reduction Act authorization for three years for this collection (OMB Control Number 1210-0149).
Employers must give Marketplace notice at hiring
If you are hired, your employer must give you a written notice at the time of hiring that tells you about the Health Insurance Marketplace, describes the services it provides, and explains how to contact the Marketplace. The requirement comes from Fair Labor Standards Act section 18B, which has applied since January 1, 2014.
Notice must warn about losing employer contribution
The notice must tell employees that if they buy a qualified health plan through the Marketplace they may lose any employer contribution to an employer-offered health plan, and that all or part of such employer contribution may be excludable from income for Federal income tax purposes. The requirement is part of the content mandated by FLSA section 18B.
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Key Dates
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