Definitions under ACA retaliation

Under 1984.101(a), "Advance payments of the premium tax credit" (APTC) means the APTC as defined in 45 CFR 155.20. This definition ties the term used in the retaliation procedures directly to the federal Exchange rules, so when you see APTC in these procedures you should use the meaning set out in 1984.101(a).

• Use this definition when determining whether a complaint involves APTC or related actions.

Under 1984.101(b), "Affordable Care Act" or "the Act" refers to the Patient Protection and Affordable Care Act, Public Law 111-148, as amended. That means references to "the Act" in these procedures use the statutory law itself rather than informal descriptions; see 1984.101(b).

• This is the baseline statute the retaliation protections implement.

Under 1984.101(c), the "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person(s) the Assistant Secretary delegates authority to under section 18C of the FLSA. In practice, that means actions taken by the Assistant Secretary or their designee count as actions by the Assistant Secretary under these procedures; see 1984.101(c).

• Delegated officials can carry out investigations, findings, and orders under these rules.

Under 1984.101(d), "business days" means days other than Saturdays, Sundays, and federal holidays. Use this definition when you compute filing, response, or appeal deadlines under these procedures; see 1984.101(d).

• Example: A 10-business-day deadline excludes weekend days and federal holidays.

Under 1984.101(e), the "Complainant" is the employee who filed an FLSA section 18C complaint or the person on whose behalf the complaint was filed. That is the individual whose claim of retaliation will be investigated under these procedures; see 1984.101(e).

• If someone files on behalf of an employee (for example, a representative), the named employee is still the complainant.

Under 1984.101(f) and 1984.101(f)(1), "Employee" includes any individual employed by an employer. That is the broad starting point for who can be protected under the retaliation rules; see 1984.101(f) and 1984.101(f)(1).

• Later subsections narrow or expand this baseline for particular public agency situations and exclusions.

Under 1984.101(f), for public agencies the term "employee" includes many categories of individuals employed by the U.S. Government, State, or political subdivisions, but it excludes certain officials and positions (for example, those not subject to civil service laws or high-level policy advisers). Read the detailed public-agency text in 1984.101(f) to determine which public employees qualify.

• The section lists specific federal employees (civilian in military departments, executive agencies, Library of Congress, etc.) and state/local examples, and it identifies categories (e.g., elected officials' personal staff, policymaking appointees) who are not counted as employees for these protections.

Under 1984.101(f)(2)(i), an unpaid volunteer who performs services for a State or political subdivision and receives no compensation (or only expenses, reasonable benefits, or a nominal fee) is not an "employee" for these procedures when the volunteer services are not the same type of services the volunteer performs as an employee for that public agency. In other words, purely volunteer work that is different from an individual's paid job will generally be excluded; see 1984.101(f)(2)(i).

• If the volunteer performs the same type of work they do as a paid employee, the exclusion does not apply.

Under 1984.101(f)(2)(ii), an employee of one public agency who volunteers to perform services for another State or political subdivision (including under mutual aid agreements) is not included in the definition of "employee" for these procedures. That means those cross-agency volunteers are excluded from coverage under the retaliation rules; see 1984.101(f)(2)(ii).

• This exclusion applies even if the volunteer comes from an employing public agency with a mutual aid relationship.

Under 1984.101(f)(2)(iii), individuals who volunteer solely for humanitarian purposes at private non-profit food banks and who receive groceries from the food banks are not considered "employees" under these procedures. That specific charitable-volunteer situation is excluded from employee coverage; see 1984.101(f)(2)(iii).

• The exclusion is narrow: it applies only to volunteers serving private non-profit food banks solely for humanitarian reasons and accepting groceries in return.

Under 1984.101(f)(3), the term "employee" includes former employees and applicants for employment. That means past employees and applicants can be protected complainants or otherwise fall within the scope of the retaliation procedures; see 1984.101(f)(3).

• Use this provision when a former worker or applicant alleges retaliation related to APTC or another protected activity under section 18C.

Under 1984.101(g), "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes public agencies, but it does not include labor organizations (except when they are acting as employers) or anyone acting as an officer or agent of a labor organization. This is a broad definition intended to capture entities and individuals who act on an employer's behalf; see 1984.101(g).

• If someone supervises, disciplines, or makes employment decisions while acting for the employer, they may fall within this definition.

Under 1984.101(h), "Exchange" means an Exchange as defined in 45 CFR 155.20. That links the procedure's use of "Exchange" to the federal regulatory definition used for health insurance Marketplaces; see 1984.101(h).

• Use the 45 CFR definition when a complaint or action involves an Exchange-related matter.

Under 1984.101(i), "OSHA" refers to the Occupational Safety and Health Administration of the U.S. Department of Labor. That means references to OSHA in the procedures point to the federal agency that handles these retaliation complaints; see 1984.101(i).

• OSHA is the office that receives, investigates, and enforces these complaints under section 1558 of the ACA.

Under 1984.101(j), "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. This is a broad, traditional legal definition that covers many entity types for purposes of these procedures; see 1984.101(j).

• Use this definition when the procedures refer to actions by or against a "person."

Under 1984.101(k), the "Respondent" is the employer named in the complaint who is alleged to have violated section 18C of the FLSA. That is the party who will respond to the allegations and participate in the investigation and resolution process; see 1984.101(k).

• The term ties the procedural role (respondent) to the named employer in the complaint documents.

Under 1984.101(l), the "Secretary" means the Secretary of Labor or the person to whom authority under section 18C of the FLSA has been delegated. That means actions listed as the Secretary's may be performed by a delegated official; see 1984.101(l).

• Delegations are common, so look for official delegation notices for specific decision-makers.

Under 1984.101(m), any future statutory amendments that change the definition of a term listed in this section will apply in place of the current definition. That ensures the procedures automatically track later changes in governing statutes; see 1984.101(m).

• Practically, check for statutory updates that may alter coverage or meanings used in these rules.

Under 1984.101(n), any future regulatory revisions that change the definition of a term listed in this section will apply instead of the current definition. This clause makes the regulatory definitions current if OSHA or other agencies later revise the regulations; see 1984.101(n).

• Always confirm whether there have been regulatory updates before relying on an older definition.

Under 1984.101(g), labor organizations are not treated as an "Employer" for these procedures except when the labor organization is acting as an employer. That means unions generally are excluded unless they function in the employer role (for example, operating a business unit that employs workers); see 1984.101(g).

• If a labor organization hires and supervises workers in an employer capacity, it can be treated as the employer/respondent.

Under 1984.101(f), individuals who hold a public elective office, are selected to be a member of an elective officeholder's personal staff, are appointed to serve on a policymaking level, or are immediate advisers to an officeholder about constitutional or legal powers may be excluded from the definition of "employee" for public agencies. So high-level policymakers and advisers are often not covered; see the public-agency text in 1984.101(f).

• Evaluate the individual's role: policymaking duties, personal staff status, or advisory function are key factors.

Under 1984.101(f)(2)(i), receiving a nominal fee, expenses, or reasonable benefits for volunteer services does not by itself make the volunteer an "employee"—the exclusion still applies if the volunteer is unpaid or only receives those modest payments and the services are not the same type they perform as an employee for the public agency. So small, noncompensatory payments generally do not defeat the volunteer exclusion; see 1984.101(f)(2)(i).

• The key test is whether the volunteer services are the same type as the person's paid employment with that public agency.

Under 1984.101(m) and 1984.101(n), these definitions apply unless future statutory amendments or regulatory revisions change a term, in which case the later statute or regulation controls. Therefore, rely on these definitions unless a subsequent statute or regulation has updated the meaning; see 1984.101(m) and 1984.101(n).

• For terms tied to other regulations (like "Exchange" or "APTC"), check the cited external regulation (45 CFR 155.20) for the precise definition.