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ARTICLE · 21 DECEMBER 2016

Final Regs Address Retaliation Complaints Under FLSA And ACA

Brown Smith Wallace
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OSHA recently issued final regulations governing employee retaliation and whistleblower protection under Section 18C of the Fair Labor Standards Act, which was added under the Affordable Care Act.

United StatesEmployment and HR
Ron M. Present, CALA, CNHA, LNHA, FACHCA
Ron M. Present, CALA, CNHA, LNHA, FACHCA
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The Occupational Safety and Health Administration (OSHA) recently issued final regulations governing employee retaliation and whistleblower protection under Section 18C of the Fair Labor Standards Act (FLSA), which was added under the Affordable Care Act (ACA). This provision protects employees who may have been subject to retaliation for receiving premium tax credits for coverage bought from a Health Insurance Marketplace (also known as an "Exchange"), or for reporting potential violations of key ACA requirements (such as the provision of preventive services without cost-sharing, or the prohibition on rescission).

The regs, which are already in effect, establish final procedures and timeframes for handling retaliation complaints. They make only minor changes to the interim final regulations in effect since February 2013. Here are some highlights.

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