Affordable Care Act

The Patient Protection and Affordable Care Act
Enacted 3/23/2010
SEC. 1558. PROTECTIONS FOR EMPLOYEES.
The Fair Labor Standards Act of 1938 is amended by inserting after section 18B (as added by
section 1512) the following:
‘‘SEC. 18C. PROTECTIONS FOR EMPLOYEES.
‘‘(a) PROHIBITION.—No employer shall discharge or in any manner discriminate against any
employee with respect to his or her compensation, terms, conditions, or other privileges of
employment because the employee (or an individual acting at the request of the employee) has—
‘‘(1) received a credit under section 36B of the Internal Revenue Code of 1986 or a subsidy
under section 1402 of this Act;
‘‘(2) provided, caused to be provided, or is about to provide or cause to be provided to the
employer, the Federal Government, or the attorney general of a State information relating to any
violation of, or any act or omission the employee reasonably believes to be a violation of, any
provision of this title (or an amendment made by this title);
‘‘(3) testified or is about to testify in a proceeding concerning such violation;
‘‘(4) assisted or participated, or is about to assist or participate, in such a proceeding; or
‘‘(5) objected to, or refused to participate in, any activity, policy, practice, or assigned task that
the employee (or other such person) reasonably believed to be in violation of any provision of
this title (or amendment), or any order, rule, regulation, standard, or ban under this title (or
amendment).
‘‘(b) COMPLAINT PROCEDURE.—
‘‘(1) IN GENERAL.—An employee who believes that he or she has been discharged or
otherwise discriminated against by any employer in violation of this section may seek relief in
accordance with the procedures, notifications, burdens of proof, remedies, and statutes of
limitation set forth in section 2087(b) of title 15, United States Code.
‘‘(2) NO LIMITATION ON RIGHTS.—Nothing in this section shall be deemed to diminish the
rights, privileges, or remedies of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in this section may not be waived by
any agreement, policy, form, or condition of employment.’’.