On January 26, 2022, New York’s new legislation expanding protection for whistleblowers went into effect. As we discussed in January, these expansions, as well as those enacted in 2020 affecting health care whistleblowers, have significant implications for both employees and employers. The combined 2020 and 2021 amendments to New York whistleblower laws improve protections for whistleblowers in a number of ways, including by: protecting a wider array of workers, broadening the scope of “protected activity,” expanding the definition of a prohibited retaliatory action, lengthening the statute of limitations, and requiring employers to notify employees of their whistleblower protections.
Because these amendments have expanded employee rights, employers should be prepared to see an uptick in employee reporting of wrongful activity and courts and agencies should expect an increase in filings from whistleblowers. Employees, potential whistleblowers, should familiarize themselves with the expansion of what qualifies as “protected activity.” Employees may be surprised to learn that, under the recent amendments, an employee must only demonstrate that she disclosed or threatened to disclose an employer activity that the employee reasonably believes is in violation of law, rule or regulation, whereas previously the employee was required to demonstrate an actual violation of the law. Employees who think they may have engaged in “protected activity” and who think their employer may...
Vancouver Mayor Ken Sim says his unfounded claim that Coun. Sean Orr distributed illegal drugs didn't damage his reputation, because Orr's own previous statements showed he "supported drug use." S...