With the October 1 deadline for Affordable Care Act notices approaching, it's important to note all employers subject to the Fair Labor Standards Act (FLSA) must provide the notice about coverage options to their employees. In general, the FLSA applies to employers that employ one or more employees who are engaged in, or produce goods for, interstate commerce. Businesses covered are those that have an annual dollar volume of sales or business revenue of at least $500,000 or are hospitals, businesses providing medical or nursing care for residents, schools and preschools or government agencies. The vast majority of businesses are covered by the FSLA.
Many employers are under the erroneous assumption that if they have fewer than 50 employees, they do not have to provide the notices. If your business is subject to the FLSA, you have to give the notice to employees of coverage options to existing employees by Oct. 1, and to all new hires within 14 days. It does not matter if you have two, 10 or 100 employees.