On October 28, 2021, Governor Hochul signed Senate Bill S4394A, which significantly amended Section 740 of the
New York Labor Law. The legislation expanded whistleblower protections under Section 740 for employees, former
employees, and independent contractors. These groups now have greater protection against retaliation from
employers if they disclose or threaten to disclose to a supervisor or public body “an activity, policy or practice of
the employer that the employee reasonably believes is in violation of law, rule or regulation or that the employee
protected from retaliation if they provide information to or testify before a public body conducting an investigation,
participate in any such activity, policy or practice. The amended law recently went into effect on January 26, 2022.
Employers should be aware that the amended law requires employers to post a notice regarding employees’
protections, rights and obligations under Section 740; employers should post this notice immediately.
Previously, the statute only applied when an employee disclosed or threatened to disclose to their supervisor or a
employer’s activity, policy or practice is in violation of law. Moreover, the requirement that the violation in
question presents a “substantial and specific” danger has been removed. The law now also covers employees
Employers should note that the legislation increased the one-year statute of limitations applicable to whistleblower
claims to two years; instated a right to a...
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