Todd Horn published "Storming the Castle: Employee Whistleblowing Under ACA" in Law360 on July 1, 2014.
Since the title suggests a marauding horde analogy, let’s get it out of the way. Across the country, part-time employees and folks classified as “independent contractors” feel like second-class citizens because they cannot enroll in their employers’ health insurance plans and therefore must obtain coverage through an insurance exchange courtesy of the Affordable Care Act. Fueling this simmering rebellion, the ACA has equipped these stalwarts with formidable whistleblowing armaments and has encouraged them with vast bounties to rise up and pillage the treasuries of employers that have misclassified them. The ACA also clads these warriors in armor to protect them from employer retaliation, even if their whistleblowing accusations are wrong. Exaggeration? You decide.
Click to view the full text of "Storming the Castle: Employee Whistleblowing Under ACA" (subscription required).