Last reviewed June 2026

Do employers have to give employees a notice about the Marketplace, and when?

Short answer: Yes. Almost every employer subject to the Fair Labor Standards Act must give each employee a written notice describing the Health Insurance Marketplace and their coverage options. New hires get it at the time of hiring, which the Department of Labor interprets as within 14 days of the start date, and it goes to all employees regardless of whether they enroll in the employer’s plan.

This requirement comes from the Affordable Care Act (FLSA section 18B). Covered employers must provide to each employee at the time of hiring a written notice informing them that a Health Insurance Marketplace exists, what it offers, and how the employer’s coverage relates to it. The rule applies to part-time and full-time employees alike, whether or not they are eligible for or enrolled in the company plan.

The Department of Labor’s guidance on the notice to employees of coverage options under FLSA explains how to deliver it and provides model notices for employers that do and do not offer a health plan. For new employees, the DOL treats “at the time of hiring” as within 14 days of the employee’s start date. There is no specific federal fine for failing to send it, but providing it is required and is part of staying compliant.

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