§218c — Title 29 Labor | U.S. Code

Summary

Employers must not fire or treat an employee unfairly in pay, job terms, working conditions, or benefits because the employee (or someone acting at the employee’s request) used a tax credit under section 36B of title 26 or a subsidy under section 18071 of title 42, reported or is about to report a suspected violation, testified or is about to testify about a violation, helped or is about to help in a related case, or objected to or refused to do work they reasonably believed was illegal under this law. An employee who thinks this happened can seek relief under the procedures in section 2087(b) of title 15. These protections do not reduce any other rights under federal or state law or under a union agreement, and they cannot be waived by any work agreement or policy.

Title 29, §218c

Labor — Source: USLM XML via OLRC

(a)No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee) has—

(1)received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42; 11 See References in Text note below.

(2)provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title 1 (or an amendment made by this title); 1

(3)testified or is about to testify in a proceeding concerning such violation;

(4)assisted or participated, or is about to assist or participate, in such a proceeding; or

(5)objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this title 1 (or amendment), or any order, rule, regulation, standard, or ban under this title 1 (or amendment).

(b)(1)An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15.

(2)Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 18071 of title 42, referred to in subsec. (a)(1), was in the original “section 1402 of this Act”, and was translated as meaning section 1402 of the Patient Protection and Affordable Care Act, which is classified to section 18071 of title 42, to reflect the probable intent of Congress. This title, referred to in subsec. (a)(2), (5), probably means title I of Pub. L. 111–148, Mar. 23, 2011, 124 Stat. 130. For complete classification of title I to the Code, see Tables. section 2087(b) of title 15, referred to in subsec. (b)(1), was in the original “section 2807(b) of title 15”, and probably should have read “section 40(b) of the Consumer Product Safety Act”, which is classified to section 2087(b) of Title 15, Commerce and Trade.

§218c Protections for employees

Summary

Title 29, §218c

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata