On Oct. 28, 2021, New York Gov. Kathy Hochul signed a bill amending New York Labor Law (NYLL) Section 740 (Section 740) to expand whistleblower protections for employees. The bill, which went into effect Jan. 26, 2022, made several changes that transformed the law into a boon for the plaintiff’s employment bar.

The changes dramatically expand the scope and application of New York’s whistleblower law and the remedies available to individuals who claim to have been retaliated against for engaging in whistleblower activities.

Some of the biggest changes to Section 704 include:

• Expanding the definition of “employee.” The law’s definition of “employee” now includes former employees, as well as independent contractors working for the employer. Previously, the definition was limited to “an individual who performs services for and under the direction and control of an employer for wages or other remuneration.”
• Expanding protected activity. The amendments now protect employees against retaliation if they disclose any alleged violation, or if they object to, or refuse to partake in, an activity they reasonably believe is a violation of a law, rule or regulation or poses a substantial and specific danger to the public health or safety. In contrast, under the prior version of the statute, an employee was protected only if the reported violation was found to have actually occurred.
• Expanding the definition of “law, rule or regulation.” This definition previously was limited to “any...

Read Full Story: https://www.jdsupra.com/legalnews/new-york-drastically-expands-employee-7522240/