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  • November 4, 2014

Anti-Retaliation Protections Under the Affordable Care Act

Employers are typically familiar with prohibitions against retaliating against their employees for engaging in protected activity under a statute.  Employers, however, may be unaware of additional anti-retaliation provisions that have been established under the Affordable Care Act (“ACA”). One of the lesser known provisions of the ACA is its amendment to the Fair Labor Standards Act (“FLSA”) to protect employees who receive certain benefits under the ACA or who report violations related to their employer’s failure to meet certain requirements of the ACA.  Specifically, Section 158 of the ACA, which creates Section 18C of the FLSA, prohibits employers from discharging,…

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