As we have previously advised you, the Affordable Care Act requires, among other things, that all employers provide their employees with a notice regarding the availability of healthcare exchanges. In our August 22, 2013 client memo, we provided you with a “Top 10 Questions and Answers Regarding Exchange Notice Requirements.” Question #10 addressed whether employers that fail to provide the notice will be penalized. We advised that it did not appear that a penalty would be imposed. Last week, the United States Department of Labor confirmed, via a website posting, that there will not be a penalty.

We will continue to apprise you of any substantive new developments with regard to the Affordable Care Act. Please contact us if you have any questions about your obligation to provide the notice or any other related issues.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.