View Information Collection Request (ICR) Package

OMB Control No: 1210-0149	ICR Reference No: 202301-1210-003
Status: Active	Previous ICR Reference No: 202002-1210-005
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Notice to Employees of Coverage Options Under Fair Labor Standards Act Section 18B
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/11/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/20/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2026	36 Months From Approved	12/31/2023
Responses	31,595,244	0	32,068,268
Time Burden (Hours)	263,294	0	116,421
Cost Burden (Dollars)	5,480,827	0	5,238,964

Abstract: Many provisions of the Patient Protection and Affordable Care Act (Affordable Care Act) that became effective in 2014 were designed to expand access to affordable health coverage. These include provisions for coverage to be offered through a Health Insurance Marketplace (Marketplace), premium tax credits to assist individuals in purchasing such coverage, employer notice to employees of coverage options available through the Marketplace, and other related provisions. Since January 1, 2014, individuals and employees of small businesses have had access to affordable coverage through a competitive private health insurance market – Health Insurance Marketplace. The Marketplace offers “one-stop shopping” to find and compare private health insurance options. Section 1512 of the Affordable Care Act created a new Fair Labor Standards Act (FLSA) section 18B [29 USC 218b] requiring a notice to employees of coverage options available through the Marketplace. Section 18B of the FLSA, as added by section 1512 of the Affordable Care Act, generally provides that, in accordance with regulations promulgated by the Secretary of Labor, an applicable employer must provide each employee at the time of hiring a written notice: Informing the employee of the existence of Exchanges including a description of the services provided by the Exchanges, and the manner in which the employee may contact Exchanges to request assistance; If the employer plan's share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, then the employee may be eligible for a premium tax credit under section 36B of the Internal Revenue Code (the Code) if the employee purchases a qualified health plan through an Exchange; and If the employee purchases a qualified health plan through an Exchange, the employee may lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax purposes.

Authorizing Statute(s): US Code: 29 USC 218a Name of Law: Fair Labor Standards Act (FLSA)

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 43897	07/22/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 24450	04/20/2023
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	31,595,244	32,068,268	-473,024
Annual Time Burden (Hours)	263,294	116,421	146,873
Annual Cost Burden (Dollars)	5,480,827	5,238,964	241,863

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are no program changes for this submission, but data was updated. The number of employers and employees has been updated, and the data source was switched to QCEW from the Statistics of US Businesses due to a lack of updated data. Wages, postage costs, the rate of new hires, and electronic disclosure rates were also updated. As a result, the number of respondents increased by 3,058,950, the number of responses decreased by 473,024, and the cost burden increased by $241,863. The Department also decided to assign an hour burden to the preparation of electronic notices. As a result, the hour burden increased by 146,873.

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Yes

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: James Butikofer 202 693-8434 Butikofer.James@dol.gov

View ICR - OIRA Conclusion