Sweeping amendments to New York’s whistleblower law took effect in 2022. The law was amended to provide significantly greater protection from retaliation for individuals who raise concerns of employer wrongdoing. The amended New York Labor Law § 740 is now one of the broadest and most powerful whistleblower laws in the U.S.
How has New York’s whistleblower law changed?
New York’s whistleblower law was broadly expanded in 2022. Prior to the 2022 amendment, employees were protected from retaliation only for reporting (internally or externally) actual violations of law involving (1) “a substantial and specific danger to the public health or safety;” or (2) healthcare fraud. Now, whistleblower protections are available to both employees and independent contractors who raise concerns about any activity, policy or practice that they reasonably believe violates any law, rule or regulation. Proof of an actual violation of law is no longer necessary, and violations need not relate to public health or safety. All that is required is a reasonable belief that a violation of any law has occurred. The amendment also expands the categories of protected individuals as well as the potential remedies available to litigants.
Who is protected?
The amendment expanded the definition of “employee” to include “former employees” and “natural persons employed as independent contractors . . . who are not themselves employers.”
What qualifies as protected activity?
Under the amended statute,...
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