Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notice to Employees of Coverage Options Under Fair Labor Standards Act Section 18B

Issuing agencies

Abstract

The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

Full Text

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<title>Federal Register, Volume 91 Issue 199 (Friday, October 16, 2026)</title>
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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Notices]
[Pages 65787-65788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21163]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Notice to Employees of Coverage Options Under 
Fair Labor Standards Act Section 18B

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employee 
Benefits Security Administration (EBSA)-sponsored information 
collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
of 1995 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that the agency 
receives on or before November 16, 2026.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#a9ede6e5f6f9fbe8f6f9fcebe5e0eae9cdc6c587cec6df"><span class="__cf_email__" data-cfemail="0a4e4546555a584b555a5f484643494a6e6566246d657c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 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 U.S.C. 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: (1) 
Informing the employee of the existence of the Marketplace (referred to 
in the statute as the Exchange) including a description of the services 
provided by the Marketplace, and the manner in which the employee may 
contact the Marketplace to request assistance; (2) If the employer 
plan's share of the total

[[Page 65788]]

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 the Marketplace; 
and (3) If the employee purchases a qualified health plan through the 
Marketplace, 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. For additional substantive information about this 
ICR, see the related notice published in the Federal Register on 
February 18, 2026 (91 FR 7528).
    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-EBSA.
    Title of Collection: Notice to Employees of Coverage Options Under 
Fair Labor Standards Act Section 18B.
    OMB Control Number: 1210-0149.
    Affected Public: Private sector.
    Total Estimated Number of Respondents: 12,367,955.
    Total Estimated Number of Responses: 33,688,484.
    Total Estimated Annual Time Burden: 280,738 hours.
    Total Estimated Annual Other Costs Burden: $12,362,326.

(Authority: 44 U.S.C. 3507(a)(1)(D).)

Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2026-21163 Filed 10-15-26; 8:45 am]
BILLING CODE 4510-29-P


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