Patient Protection and Affordable Care Act Protects Employees Against Retaliation

Patient Protection And Affordable Care Act Protects Employees Against Retaliation

Employers are quickly discovering that the Patient Protection and Affordable Care Act (“Act”) passed in March does much more than simply address health care issues. Tucked away in the Act are a number of new rights and protections afforded workers. For example, Section 1558 of the Act amends the Fair Labor Standards Act by creating whistleblower protection for any employee who: (1) provides the employer, the federal government, or a state attorney general with information the employee reasonably believes to be a violation of any provision of Title I of the Act; (2) testifies, assists, or otherwise participates in a proceeding concerning such a violation; or (3) objects to or refuses to participate in any activity, policy, practice, or assigned task that the employee reasonably believes violates Title I. Title I includes the Act’s general reforms to health care plans and coverage.

Section 1558 also contains a complaint procedure for employees who believe they have been retaliated against for engaging in protected activity. It requires that the employee file a complaint with the Occupational Safety and Health Administration (“OSHA”) within 180 days of the alleged retaliation and comply with OSHA’s procedural rules. Although many of the specifics remain uncertain at this time, the Act is clear that this particular section will not diminish the rights, privileges, or remedies of any employee under federal or state law or any collective bargaining agreement. In addition, employers may not waive the rights and remedies afforded under the Act by any agreement, policy, form or condition of employment.