The U.S. Department of Labor, after stating fines of about $100 per day for noncompliance, is now telling employers that they will not be fined if they fail to notify their workers of their health insurance exchanges by October 1, 2013. What’s interesting is that they wait nearly two weeks prior to the “drop dead” date to do this. Most employers have probably complied with the requirement already.
The Department of Labor announced on September 11, 2013 through a question and answer format specifically addressing the fine:
Q: Can an employer be fined for failing to provide employees with notice about the Affordable Care Act's new Health Insurance Marketplace?
A: No. If your company is covered by the Fair Labor Standards Act, it should provide a written notice to its employees about the Health Insurance Marketplace by October 1, 2013, but there is no fine or penalty under the law for failing to provide the notice.
Employers are told that they should still provide the information to their employees, seemingly as a recommendation rather than as a requirement.