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ACA Employer Mandate Now in Effect; Employers Beware of Whistleblower Liability
Ford & Harrison LLP
[Guidance Overview] Jan. 12, 2015
"To date, no DOL administrative tribunal has recognized a whistleblower claim based upon an adverse employment action caused by an employer's alleged failure to comply with Title I of the ACA. Indeed, an administrative law judge dismissed just such a complaint on December 19, 2014, because the mandate was not in effect at the time of the alleged protected activity or adverse employment action." [Porter v. Housing Authority of Columbus, Georgia, 2015-ACA-00001, Decision and Order Granting Respondent's Motion for Summary Decision (ALJ, Dec. 19, 2014)]
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