New York has greatly expanded its “whistleblower” law. The amendments to New York Labor Law §740 go into effect on January 26, 2022 and undoubtedly enhance employee protections and require New York employers to take certain steps to come into compliance. We discuss in greater detail below.
Once the amendments become effective, employees will no longer be confined to individuals currently employed by the employer, but will also include “former employees” as well as self-employed independent contractors – a significant expansion.
Arguably the most notable aspect of the amendments is that Section 740 now protects employees against retaliation for reporting or complaining about an employer activity, policy, or practice that the employee reasonably believes violates the law or that poses a substantial and specific danger to the public health or safety. Previously, employees were only protected under Section 740 for reporting or complaining about actual violations of law that created or presented a substantial and specific danger to the public health or safety.
Specifically, the changes outlined in the legislation prohibit retaliation against an employee because the employee:
Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of law, rule or...
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