124 STAT. 261 PUBLIC LAW 111–148—MAR. 23, 2010 SEC. 1558. PROTECTIONS FOR EMPLOYEES. The Fair Labor Standards Act of 1938 is amended by inserting after section 18B (as added by section 1512) the following: ‘‘SEC. 18C. PROTECTIONS FOR EMPLOYEES. ‘‘(a) PROHIBITION.—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 the Internal Revenue Code of 1986 or a subsidy under section 1402 of this Act; ‘‘(2) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Govern- ment, or the attorney general of a State information relating to any violation of, or any act or omission the employee reason- ably believes to be a violation of, any provision of this title (or an amendment made by this title); ‘‘(3) testified or is about to testify in a proceeding concerning such violation; ‘‘(4) assisted or participated, or is about to assist or partici- pate, 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 provi- sion of this title (or amendment), or any order, rule, regulation, standard, or ban under this title (or amendment). ‘‘(b) COMPLAINT PROCEDURE.— ‘‘(1) IN GENERAL.—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, United States Code. ‘‘(2) NO LIMITATION ON RIGHTS.—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.’’. SEC. 1559. OVERSIGHT. The Inspector General of the Department of Health and Human Services shall have oversight authority with respect to the adminis- tration and implementation of this title as it relates to such Depart- ment. SEC. 1560. RULES OF CONSTRUCTION. (a) NO EFFECT ON ANTITRUST LAWS.—Nothing in this title (or an amendment made by this title) shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For the purposes of this section, the term ‘‘antitrust laws’’ has the meaning given such term in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. 42 USC 18118. 42 USC 18117. 29 USC 218C.
