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Employers, Watch Out: ACA-Related Retaliation Claims Are Coming

By E. Fredrick Preis, Jr. and Rachael Jeanfreau

Since the passage of the Affordable Care Act (ACA) in 2010, employers have grappled with the law's web of rules and requirements. By now, most are familiar with the Act's “play or pay” mandate, which requires certain employers to offer minimum essential coverage that is affordable and provides minimum value to a sufficient number of full-time employees (and their dependents) ' or pay penalties. However, many employers are not as familiar with the Act's related whistleblower protections ' an additional source of risk for the unwary.

This article briefly summarizes the ACA's employer mandate and highlights the anti-retaliation provisions applicable to complaints of ACA violations. Next, the article summarizes the “Break Time for Nursing Mothers” law added to the Fair Labor Standards Act (FLSA) by the ACA, and highlights the anti-retaliation provision applicable to this law. Last, the article suggests ways for employers to reduce the risk of employee retaliation claims.

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