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Employee Benefits Security Administration
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ACA Automatic Enrollment

Section 18A of the Fair Labor Standards Act (FLSA) (the automatic enrollment requirement) has been repealed.

Section 18A of the FLSA, as added by section 1511 of the Affordable Care Act, generally required an employer to which the FLSA applies, and that has more than 200 full-time employees, to automatically enroll new full-time employees in one of the employer’s health benefits plans.  On November 2, 2015, the Bipartisan Budget Act of 2015 was enacted which, among other things, repealed the automatic enrollment requirement.  Accordingly, the guidance below is included on this page for reference only.