On January 26, 2022, amendments to New York’s whistleblower protection law, codified at section 740 of the New York Labor Law (NYLL), took effect. As we previously reported, these amendments significantly expand the scope of section 740. Although New York employers that also operate in states with expansive private-sector whistleblower protection laws, such as New Jersey, Oregon, or Virginia, may not need to make significant adjustments, other employers may wish to consider updating their policies; implementing or enhancing support structures, including robust and accessible reporting mechanisms and regular training for supervisors, managers, and human resources professionals; and identifying appropriate resources for investigating complaints. Although the action plan will vary depending upon the employer’s industry and size—and the other jurisdictions, if any, in which the employer operates—there are certain elements, action items, and measures that employers may wish to explore, as outlined below.
1. Establishing or Updating Written Codes of Conduct
The amendments require employers to “inform employees of their protections, rights and obligations” under the new law by posting a notice “conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment.” Beyond satisfying this minimum posting requirement, employers that have not expressly adopted codes of conduct may wish to update their existing policies to...
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