New York State Governor Kathy Hochul recently signed legislation amending Section 740 of the New York Labor Law that greatly expands protections for workplace whistleblowers. When the amendment takes effect on January 26, 2022, New York State will have one of the strongest whistleblower laws in the country. Significant changes to Section 740, as amended, include the following provisions:

• Covered Whistleblowers – The amendment expands the definition of the persons protected under the law from only current employees to also include former employees and independent contractors (“covered whistleblowers”).
• Reasonable Belief Standard – The current law protects only employees who disclose activity that actually violates a law, rule or regulation and which creates and presents a substantial and specific danger to the public health or safety. The amendment replaces that standard with a “reasonable belief” standard that protects any covered whistleblower who discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice that the covered whistleblower reasonably believes is in violation of law, rule or regulation or reasonably believes poses a substantial and specific danger to the public health or safety.

  Inclusion of this reasonable belief standard means that covered whistleblowers will now be protected if they report what they reasonably believe to be a violation of law, rule or regulation, or report activity that they reasonably believe...

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