18 Apr 2016
Professor Colleen Medill’s article, Comparing ERISA and Fair Labor Standards Act Claims Under the Affordable Care Act, has been accepted for publication by the Employee Rights and Employment Policy Journal. The article explains how the employer mandate under the Affordable Care Act creates incentives for retaliatory employment actions by employers, and then compares and contrasts the strategic advantages and disadvantages of asserting employee claims under ERISA Section 510 and Fair Labor Standards Act Section 18C. The article concludes by discussing the major factors that initially should be evaluated for each type of claim when determining the plaintiff’s litigation strategy.