Short answer: The Marketplace Notice is a short notice that virtually all employers must give every new hire (within 14 days of starting) explaining that health coverage is available through the ACA Marketplace and how the employer’s plan affects subsidy eligibility.
Under the Fair Labor Standards Act (as amended by the ACA), nearly every employer must provide a written “Notice of Coverage Options”, commonly called the Marketplace Notice, to each new employee within 14 days of their start date, regardless of whether the employee is benefits-eligible or enrolls.
The notice tells employees that a Health Insurance Marketplace exists, describes the services it offers, and explains that buying Marketplace coverage may affect their eligibility for a premium tax credit (and that they may lose any employer contribution if they opt for Marketplace coverage instead of the employer plan). The DOL publishes model notices: one for employers that offer coverage and one for those that don’t. There’s no specific monetary penalty for failing to provide it, but it remains a legal requirement.
Sources
- Fair Labor Standards Act §18B (ACA §1512); U.S. Department of Labor model “Notice to Employees of Coverage Options.”
Content history
Originally published: June 16, 2026
Last reviewed: June 16, 2026