The Patient Protection and Affordable Care Act (PPACA) has caught the attention of the lawyers who help file — and defend organizations against — whistleblower claims.
Section 1558 of PPACA added Section 18C to the federal Fair Labor Standards Act (FLSA). FLSA Section 18C protects any employee who reports an alleged violation of PPACA to the employer, the government, or a state attorney general; who receives a health insurance tax credit; or who refuses to participate in an activity that violates PPACA.
The provision applies to all employees, former employees and job applicants.
Plaintiffs who win FLSA Section 18C cases could get remedies that include reinstatement, back pay, restoration of benefits — and attorneys’ fees and costs.