Employee Whistleblower Protections

EMPLOYEE ‘WHISTLEBLOWER’ PROTECTIONS EXPANDED 

Effective Today – 1.26.2022

Effective today, protections for New York employees who become “whistleblowers” strengthen significantly.  Equally important, the new law expands who is covered by Labor Law 740.  The law also requires that employers POST NOTICE OF THESE NEW RIGHTS TODAY, and update their policies.  

As for WHO is covered: The old law covered current employees only.  Now, the law covers 

former employees as well, and independent contractors. 

As for WHAT is covered: The old law only protected employees who reported actual violations of a law that poses a “substantial and specific danger to public health or safety”. Now, the law protects employees who have a “reasonable belief” that there is a violation. 

On the technical front, the law increases the statute of limitation from 1 year to 2, and changes the penalties available to employees whose rights are violated. Under the old law, whistleblowers who were wrongfully terminated could be awarded reinstatement to their position, back wages, and attorneys’ fees. Now, aggrieved employees will be entitled to al of these things plus punitive damages, front pay, and civil penalties up to $10,000.

As January is coming to a close, it is a good time to make sure your handbooks are fully updated for 2022.