News & Analysis as of

Occupational Safety and Health Administration › Patient Protection and Affordable Care Act (PPACA) › Anti-Retaliation Provisions

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Out of Sight, Out of Mind...But Don’t Forget the Possibility of ACA Retaliation Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on

While many were hoping that the Affordable Care Act (ACA) would finally be dead by now, and others are lamenting the fact that the “repeal-and-replace” attempts have fallen by the wayside, we thought it may be worthwhile to...more

Seyfarth Shaw LLP

OSHA Procedures for Retaliation Complaints Under the Affordable Care Act Await New Administration

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Affordable Care Act faces an uncertain future under the Trump administration, which will affect whistleblower provisions enforced by OSHA. In October 2016, the Occupational Safety and Health...more

King & Spalding

DOL Finalizes ACA Retaliation Protections for Employees

King & Spalding on

Final regulations were issued by the Department of Labor (“DOL”) on October 12, 2016 (“Final Rules”) governing employee retaliation protections under the Patient Protection and Affordable Care Act of 2010, as amended (the...more

Winstead PC

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

Winstead PC on

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation...more

Holland & Knight LLP

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

Holland & Knight LLP on

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

McDermott Will & Emery

Affordable Care Act Whistleblower Complaint Procedures

McDermott Will & Emery on

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

Conn Maciel Carey LLP

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

Conn Maciel Carey LLP on

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Alston & Bird

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

Alston & Bird on

The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

Ballard Spahr LLP

OSHA Incorporates Previous Guidance into Whistleblower Manual

Ballard Spahr LLP on

The Occupational Safety and Health Administration (OSHA) has issued a new Whistleblower Investigations Manual that clarifies the new, relaxed standard to be used by its investigators in determining whether to pursue a...more

Ballard Spahr LLP

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

Ballard Spahr LLP on

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

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