In 2011, employers need to be aware of the new whistleblower protections available to employees as part of the recently enacted Patient Protection and Affordable Care Act (PPACA) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) (collectively, the Acts).
While the Acts are unrelated in virtually every respect — with PPACA providing comprehensive national health-care reform and Dodd-Frank revamping the nation’s financial system — both Acts create private rights of action for employees who suffer employer retaliation for disclosing information about fraud, waste and/or unlawful conduct. There are a number of whistleblower provisions contained in the Acts, including enhanced securities and commodities incentives under Dodd-Frank, as well as expanded protections under both acts for reporting false claims.
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