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The Intersection of ERISA Section 510 and the ACA's Whistleblower Provisions
Proskauer's ERISA Practice Center Blog Link to more items from this source
[Guidance Overview]
June 2, 2013

"It remains unclear whether ACA's whisteblower protections will apply to workforce realignment decisions.... [R]ealignments to reduce hours, especially for low wage workers eligible for subsidies and credits, could be viewed as unlawful interference with the terms of employment. From the employees' perspective, such workforce changes directly impact access to medical care for all similarly-situated individuals, and would stem solely from to an employer's desire to avoid ACA's penalties[.]"

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