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Retailiation Against Alleged ACA Violations Prohibited

Oct 19, 2016

HR360, Inc.

October 18, 2016

Final Rule Outlines Procedures for ACA-Related Whistleblower Complaints 

A new final rule establishes, among other things, the final procedures and time frames the Occupational Safety and Health Administration (OSHA) will use when handling complaints from employees who may have been subject to retaliation for reporting potential violations of certain Affordable Care Act (ACA) requirements or for receiving a premium tax credit or cost-sharing reduction as a result of participating in a Health Insurance Marketplace (Exchange). 

Summary of Whistleblower Provisions 

Because the relationship between an employee's receipt of the premium tax credit and an applicable large employer's potential ​pay or play liability could create an incentive for the employer to retaliate against the employee, the federal Fair Labor Standards Act prohibits an employer from retaliating against an employee for receiving a premium tax credit or cost-sharing reduction under the ACA

The law also prohibits retaliation against employees who provide or are about to provide to their employer, the federal government, or the attorney general of a state information relating to any potential violation of several key provisions of the ACA, including but not limited to: 

New Procedures 

In general, an employee must file a complaint with OSHA within 180 days of the alleged retaliation. While the exact requirements will depend on the facts of the case, if it is determined that a violation has occurred the employer will be ordered to, where appropriate: 

The rule, which is effective October 13, 2016, does not include a notice requirement

Click ​here to read the final rule in its entirety. For more information on the ACA's anti-retaliation provisions, please review OSHA's ​fact sheet and the ​employer retaliation webpage from healthcare.gov. 

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