February 14, 2022 Update. The New York State Department of Labor (“NYSDOL”) issued the form Notice of Employee Rights, Protections, and Obligations required under the amendment to Section 740 of the New York Labor Law (the “Amendment”), which took effect on January 26, 2022. The form is available here. On October 28, 2021, New York Governor Kathy Hochul signed the Amendment to Section 740 of the New York Labor Law, which “enhances protection for private sector employees.” The Amendment, among other things, expands (1) the scope of protected individuals, (2) protected activities, (3) the types of employment-related actions that constitute retaliation, (4) the time frame within which to bring a timely action, and (5) the available remedies. The Amendment also includes a publication provision that requires employers to post notices setting forth employees’ “protections, rights and obligations” under the Section.

Expands Scope of Protections. The Amendment expands the scope of protected activity in three significant ways.

• Definition of Prohibitions. Prior to the Amendment, an employee was required to provide proof of an actual violation of a law, rule, or regulation to receive whistleblower protection. Under the Amendment, however, an employee need only prove that that they “reasonably believe” that the employer’s activity, policy, or practice is in violation of a law, rule, or regulation or poses a substantial and specific danger to public health or safety.
  
• Definition of...

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