Subpart A
The purpose of Part 1984 is to implement procedures under section 1558 of the Affordable Care Act to protect employees from certain retaliatory actions. The rule explains that this Part implements the amendment to the Fair Labor Standards Act (adding section 18C, 29 U.S.C. 218C) and sets out how OSHA will handle retaliation complaints under that authority; see 1984.100(a).
The term "Affordable Care Act" or "the Act" in this Part refers to the final, amended version of the law that includes the Health Care and Education Reconciliation Act of 2010. The rule explicitly states that those terms are used to refer to the final, amended law; see 1984.100(a).
Section 18C protects employees from retaliation if they received a premium tax credit under section 36B of the Internal Revenue Code, received a cost-sharing reduction (called a "subsidy" in section 18C), or engaged in protected activity related to title I of the Affordable Care Act. The text specifies these three bases for protection; see 1984.100(a).
An employee or a person acting on the employee's behalf may file a retaliation complaint under this Part. The regulation states that complaints can be filed by employees themselves or by persons acting on their behalf; see 1984.100(b).
This Part establishes procedures for the expeditious handling of retaliation complaints under section 18C of the FLSA and provides the Secretary's interpretations of certain statutory issues under section 18C. The rule explains the procedural framework and interpretive guidance OSHA will use for these complaints; see 1984.100(b).
The rules cover submission of complaints, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges (ALJs), post-hearing administrative review, and withdrawals and settlements. The regulation lists these specific stages as part of the procedures it establishes; see 1984.100(b).
This Part works together with the rules codified at 29 CFR part 18 to set forth the full procedures for handling section 18C complaints. The regulation explicitly states that these rules, together with those in 29 CFR part 18, establish the procedures under section 18C of the FLSA; see 1984.100(b).
The protection comes from section 1558 of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, which added section 18C to the Fair Labor Standards Act (29 U.S.C. 218C). The regulation cites these specific statutory authorities as the basis for the Part; see 1984.100(a).
Subpart A of Part 1984 is titled "Complaints, Investigations, Findings and Preliminary Orders," and it addresses procedures for handling retaliation complaints under section 18C. The Part metadata identifies the subpart title and its focus; see 1984.
Yes, this Part includes the Secretary's interpretations of section 18C on certain statutory issues. The regulation states that it sets forth the Secretary's interpretations alongside the procedural rules; see 1984.100(b).
The regulation states that cost-sharing reductions are referred to as a "subsidy" in section 18C. This specific terminology is used in the Part's description of the protected benefits; see 1984.100(a).
Yes, a person acting on behalf of an employee may file a retaliation complaint under this Part. The regulation explicitly permits complaints to be filed by third parties acting for the employee; see 1984.100(b).
Yes, the regulation references the premium tax credit under section 36B of the Internal Revenue Code (26 U.S.C. 36B) and the new section 18C added to the Fair Labor Standards Act (29 U.S.C. 218C). Those statutory cross-references are identified as the bases for the protections; see 1984.100(a).
Yes, the Part includes Federal Register citations showing publication and amendment dates, including 78 FR 13231 (February 27, 2013) and 81 FR 70621 (October 13, 2016). The regulation text records these notices as part of its history; see 1984.100.
Yes, the procedures in this Part explicitly cover withdrawals and settlements as part of the complaint process. The regulation lists withdrawals and settlements among the stages it governs; see 1984.100(b).