September 18, 2013. The Affordable Care Act generally penalizes an employer $100-per-day for noncompliance. However, recently the Department of Labor stated that it will not be issuing penalties or fines for failing to provide the Exchange Notice. Despite this clarification from the Department of Labor, we recommend that employers nevertheless send the Exchange Notice to current employees by the October 1 deadline and provide the notice to new employees thereafter. Email info@goosmannlaw.com or call 712.226.4000 to learn how this might affect you and/or your business.