New York Governor Kathy Hochul recently signed two bills (the “Bills”) into law that: (1) amend New York’s whistleblower law (the “Whistleblower Law”); and (2) establish a digital workplace law (the “Digital Workplace Law”). The Bills each make significant changes that will go into effect in 2022.
On October 28, 2021, New York Senate Bill S4394A/A.5144A was signed into law, dramatically expanding New York’s whistleblower law (N.Y. LAB § 740). The Whistleblower Law was designed to protect employees who report a violation of the law in the workplace. The amendments will go into effect on January 26, 2022.
Under the new amendments, employers shall not take any retaliatory action against an employee because such 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 a law, rule or regulation, or that the employee reasonably believes poses a substantial and specific danger to the public health or safety. Prior to this amendment, New York Labor Law section 740 provided whistleblower protection only for employees who reported or threatened to report actual violations of law which presented a substantial and specific danger to the public health or safety. Expanding the statute’s protection to disclosures based on an employee’s reasonable belief regarding any violation of law, rule, or regulation is a significant...
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