Q. As a New York employer, what do I need to know about the amendments to New York’s Labor Law regarding whistleblowers?
A. Effective January 26, New York State enacted legislation significantly expanding whistleblower protections under Section 740 of the New York Labor Law. In passing this law, New York has become one of the most pro-employee whistleblower jurisdictions in the country. The amendments expand the scope of individuals protected, the definition of protected activity, the types of employment-related actions that constitute retaliation, the available remedies for aggrieved employees, and the notice requirements for employers.
Key changes to New York Labor Law Section 740 are outlined below.
Expanded Definition of Employees
The amendments expand the definition of “employee,” and therefore, the range of individuals protected from retaliation, to include former employees and independent contractors. Previously, under the law, the term “employee” included only current employees.
Expanded Protected Activity
The amendments also expand what qualifies as protected activity. Previously, the law only protected employees who complained about an actual violation of the law. The new law significantly expands the scope of protected activity to protect employees who reasonably believe that a policy or practice violates the law, even if no violation actually occurred. The amendments also protect employees from retaliation for disclosing or threatening to disclose a policy or...
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