The NYS DOL has issued a model notice for private employers to use to notify their employees of the expanded protections under the NYS whistleblower law that went into effect on January 26, 2022. The model notice, designated by the NYS DOL as “LS 740 (2/22),” is available here. It contains the text of the amended law and states that the notice should be posted “conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment.”
Prior to the amendment, the NYS whistleblower law was limited to protecting employees from retaliation in limited circumstances — namely, for reporting an employer’s unlawful activity, policy or practice that “creates and presents a substantial and specific danger to the public health or safety” or “constitutes health care fraud.” This law did not provide protection for reporting other activities that did not directly affect public health or safety, such as sexual harassment or tax evasion. At the time, employees were also required to first report violations directly to their employers before complaining to a public body, in order to allow their employers an opportunity to remedy the alleged unlawful activity. The statute of limitations under the original version of the law was one year and successful employees could recover back pay.
The amended law, which is set forth at Section 740 of the New York Labor Law, significantly expands protections for private employees in a number of ways. In...
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