Thursday, June 20, 2013

PPACA elevates employees who complain you violated PPACA to near-protected class status with new whistle-blower protections


Section 1558 of [PPACA] prohibits retaliation (e.g., intimidation, blacklisting, discipline, etc.) against employees who (i) report violations of Title I of the Act (which contains most of the substantive provisions that relate to employee health plans, as discussed below) or (ii) receive tax credits or cost- sharing reductions in connection with participation in a health insurance exchange. The Act authorizes the Secretary of Labor to conduct investigations into retaliation complaints and issue determinations, and the Rule delegates that duty to OSHA. Retaliating employers can be required to, among other things, reinstate terminated employees, provide back pay with interest, and pay compensatory damages, attorneys’ fees, and expert witness fees.