Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA).
The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for handling these complaints. The ACA’s whistleblower provision provides for a private right of action in a U.S. district … Continue Reading
By Elizabeth Bradley, Kara M. Maciel & Adam Solander
In breaking news, the Obama Administration has acknowledged the significant regulatory burdens that the Affordable Care Act’s January 1, 2014 deadline would place on employers. Specifically, the Administration announced that in view of the complexity of the rules and reporting requirements, it is postponing for one year, until at least 2015, the requirement that businesses cover their workers under Obamacare (i.e., there will be no penalties the first year on businesses that do not cover workers). The move does not
affect the individual mandate and it does not affect the establishment … Continue Reading
By Paul Friedman and Meg Thering
Most prudent employers have begun efforts to ensure compliance with the Patient Protection and Affordable Care Act (“ACA”), which is bringing about myriad changes with which employers must comply. Many employers are evaluating their employee populations, deciding whether it makes economic sense to continue offering coverage, and performing self-audits to ensure compliance. Employers should also be aware that the Department of Labor has already started auditing employers for compliance. What many employers may not be aware of, however, is that employees may bring whistleblower claims for violations of the ACA – and these claims … Continue Reading