News & Analysis as of

Retaliation Patient Protection and Affordable Care Act (PPACA)

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Holland & Knight LLP

Religious Institutions Update: December 2019 - Lex Est Sanctio Sancta

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Key Cases - School States Claim Against State Superintendent for Unconstitutional Discrimination In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2017

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A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Proskauer - Whistleblower Defense

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Balch & Bingham LLP

ACA Retaliation: A Ca$e in Point

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Most EEOC retaliation charges are dismissed if the supporting evidence is flimsy. So why should employers expect ACA retaliation charges to be more costly? Here’s why: Gallas v. The Medical Center of Aurora, DOL...more

Conn Maciel Carey LLP

Whistleblower Retaliation Article Published in BLR’s HR Daily Advisor and Upcoming Webinar

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BLR recently published a two piece article in the HR Daily Advisor by Kara Maciel and Daniel Deacon, of Conn Maciel Carey’s national Labor & Employment Law Practice Group, regarding government agencies increased focus on...more

Conn Maciel Carey LLP

OSHA Promulgates Final Rule on ACA Whistleblower Complaints

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On October 12, 2016, the Occupational Safety and Health Administration (“OSHA” or the “Agency”) announced that it had issued a Final Rule establishing procedures for the filing, evaluation, and litigation of whistleblower...more

Holland & Knight LLP

Religious Institutions Update: October 2016

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Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Holland & Knight LLP

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

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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

Miller Canfield

OSHA Publishes Final Rule re ACA Retaliation

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Employers making discharge and discipline decisions must consider past employee statements or conduct regarding employment health and benefit plans. The Occupational Safety and Health Administration (OSHA) recently issued its...more

McDermott Will & Emery

Affordable Care Act Whistleblower Complaint Procedures

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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

Baker Donelson

Update on First 60-Day Case

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A settlement was reached on August 23, 2016, in U.S. ex rel. Kane v. Healthfirst, Inc., et al., No. 11 CIV. 2325 (ER) (SDNY), a little over one year after the judge in that case issued the first judicial interpretation of the...more

Littler

Workplace Policy Institute Insider Report — September 2016

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The September edition of Littler's Workplace Policy Institute Insider Report examines what federal agencies were up to while Congress was out of session, and discusses state and local laws that advanced in the weeks leading...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2016

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Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

Littler

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Littler on

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

Jackson Lewis P.C.

So You’ve Filed Your 1095-C…Now What?

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As companies complete their Section 6055 and 6056 reporting under the Affordable Care Act (ACA), now it’s time to be on the lookout for notices regarding ACA penalties....more

Fisher Phillips

February 2016: Five Biggest Labor And Employment Law Stories

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The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more

Epstein Becker & Green

OSHA’s New Whistleblower Investigations Manual Lowers Pleading Standards

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The Occupational Safety and Health Administration (“OSHA”) just changed the way that it evaluates whistleblower retaliation complaints in a manner that should concern employers in nearly every industry. This is important...more

Balch & Bingham LLP

Questionable Retaliation Theory Gets Traction

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Since our earliest postings, we have warned of a notion, prevalent among employee counsel, that an employer plan sponsor unlawfully retaliates against an employee by reducing her work hours in order to deprive her of ACA...more

Balch & Bingham LLP

Outside Counsel Should Handle Healthcare.gov Subsidy Appeals

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Here’s the coming dilemma: let IRS assess employer mandate taxes based on errant Healthcare.gov subsidy certifications or appeal those errors to prevent those assessments.  “Where’s the dilemma?” you say.  Here:  once you...more

Spilman Thomas & Battle, PLLC

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...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

Carlton Fields

Kane v. Healthfirst and the 60-day Repayment Rule

Carlton Fields on

Case: Kane v.Healthfirst, Inc. et al. and U.S. v. Continuum Health Partners Inc. et al., case number1:11-cv-02325, in the U.S. District Court for the Southern District of New York. As part of the Affordable Care Act...more

FordHarrison

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

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Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

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