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ACA Now

1558 - Protections for Employees

 
Implementation Status 
Statutory Text 

Summary

Amends the Fair Labor Standards Act of 1938 to preclude employers from discharging or discriminating against any employee through compensation, terms, conditions or other privileges of employment because the employee (or an individual acting at the request of the employee) has:

  • Received an ACA premium tax credit;
  • Provided to certain parties information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this Title or amendment made by this Title;
  • Testified or is about to testify in a proceeding concerning such violation;
  • Assisted or participated, or is about to assist or participate, in such a proceeding; or
  • Objected to, or refused to participate in, any activity, policy, practice or assigned task that the employee (or other such person) reasonably believed to be in violation of specified provisions of – or related to – this Title.

Creates a complaint procedure for employees.

#Subsidies

Implementation Status

 
Summary 
Statutory Text 

A February 27, 2013, DOL interim final rule addresses protections under this section for employees against employer retaliation for reporting violations of these new rules and others under Title I of the ACA. Comments are due by April 28. DOL’s Occupational Safety and Health Administration also released a fact sheet on this topic.

Statutory Text

 
Implementation Status 
Summary 

SEC. 1558. PROTECTIONS FOR EMPLOYEES.
The Fair Labor Standards Act of 1938 is amended by inserting
after section 18B (as added by section 1512) the following:
‘‘SEC. 18C [29 U.S.C. 218c]. PROTECTIONS FOR EMPLOYEES.
‘‘(a) PROHIBITION.—No employer shall discharge or in any manner
discriminate against any employee with respect to his or her
compensation, terms, conditions, or other privileges of employment
because the employee (or an individual acting at the request of the
employee) has—
‘‘(1) received a credit under section 36B of the Internal
Revenue Code of 1986 or a subsidy under section 1402 of this
Act;
‘‘(2) provided, caused to be provided, or is about to provide
or cause to be provided to the employer, the Federal Government,
or the attorney general of a State information relating
to any violation of, or any act or omission the employee reasonably
believes to be a violation of, any provision of this title (or
an amendment made by this title);
‘‘(3) testified or is about to testify in a proceeding concerning
such violation;
‘‘(4) assisted or participated, or is about to assist or participate,
in such a proceeding; or
‘‘(5) objected to, or refused to participate in, any activity,
policy, practice, or assigned task that the employee (or other
such person) reasonably believed to be in violation of any provision
of this title (or amendment), or any order, rule, regulation,
standard, or ban under this title (or amendment).
‘‘(b) COMPLAINT PROCEDURE.—
‘‘(1) IN GENERAL.—An employee who believes that he or
she has been discharged or otherwise discriminated against by
any employer in violation of this section may seek relief in accordance
with the procedures, notifications, burdens of proof,
remedies, and statutes of limitation set forth in section 2087(b)
of title 15, United States Code.
‘‘(2) NO LIMITATION ON RIGHTS.—Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy, form,
or condition of employment.’’.

Browse ACA Titles

  • I-Quality, Affordable Health Care for all Americans
  • II-Role of Public Programs
  • III-Improving the Quality and Efficiency of Health Care
  • IV-Prevention of Chronic Disease and Improving Public Health
  • V-Health Care Workforce
  • VI-Transparency and Program Integrity
  • VII-Improving Access to Innovative Medical Therapies
  • VIII-Community Living Assistance Services and Supports (CLASS ACT)
  • IX-Revenue Provisions

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