As of Jan. 26, employees are protected if they "reasonably believe" an employer's activity/policy is in violation, said Domenique Camacho Moran, a partner at Farrell Fritz in Uniondale. Credit: Jim Lennon Photography/Farrell Fritz
New York has greatly expanded whistleblower protections for employees who report alleged wrongdoings by employers in the New Year.
The amended law, effective Jan. 26, expands not only the type of claims that may be lodged against an employer, but also expands the statute of limitations to file a claim. Protections will be expanded beyond employees to include former employees and independent contractors.
"This is a significant change in the law that opens employers up to more claims," says Domenique Camacho Moran, a partner at Farrell Fritz in Uniondale.
Currently, to file a whistleblower claim, an employee must know there was a violation of the law, she says. As of Jan. 26, employees are protected if they "reasonably believe" an employer’s activity/policy is in violation of a law, rule or regulation, or poses a substantial and specific danger to public health or safety, she says.
It’s not clear what constitutes reasonable belief, Moran said, adding that it will "be a matter of court interpretation" down the line.
A lower bar
Also notable is that, currently, the alleged violation being reported must pose "a substantial and specific danger" to public health or safety, she says. That bar has been lowered, greatly expanding the nature and type of...
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