New York has adopted new whistleblower law protections effective January 26, 2022 that create substantial liability exposure for employers. Employees – both current and former, as well as individuals working as independent contractors – who report or object to any perceived violation of law, rule, or regulation will be protected against retaliation for making the report. While lofty in its objectives, enforcement of the whistleblower law will present challenges for employers because it cloaks anti-retaliation protections around employees in a myriad of new circumstances. Fortunately, there are some concrete actions that employers can take to help mitigate those risks.

Expansive Scope

Currently, employees are protected against retaliation under state law in discrete, and limited contexts, such as in regard to complaints of harassment or discrimination under the New York State Human Rights Law, or complaints by health care employees regarding conduct presenting a significant threat to public health or safety under the whistleblower law prior to its recent amendments. The new whistleblower law extends those protections to the following covered conduct:

• any report that an individual “reasonably believes” to be in violation of any law, rule or regulation – involving any level or branch of government, and regardless whether the reported violation pertains to a matter within the employee’s purview, and
• any activity, policy or practice the employee “reasonably believes” presents...

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