The server is in fact in USA, if you could have cared to check.
I think it would have been better had it been into India to safe it from NSA snooping. isn't it?
The penalty requirement is recently waved off. I should update it. But the notice is required to be sent under the section 18B of FLSA.
Also, if the employee does not receive the notice and he misses the open enrollment period, he can sue the employer later at any point.