New York Department of Labor Issues Required Notice of Expanded Whistleblower Protections

New York greatly expanded whistleblower protections under New York Labor Law § 740 that went into effect on January 26, 2022.  The New York State Department of Labor has released the required model notice for private employers (Click here for the model notice).  The notice contains the substance of the amended law and states that it “shall be posted conspicuously in easily accessible and well-lighted place customarily frequented by employees and applicants for employment.”

The amended law offers greater protections to private employees in several ways.

  • expands definition of employee to include former employees and independent contractors;
  • expands definition of retaliatory action taken by employer;
  • prohibits employer from taking retaliatory action if the employee reasonably believes an employer’s activity or conduct is in violation of law, rule or regulation or “poses a substantial and specific danger to the public health or safety;”
  • employee permitted to make “good faith effort” to notify the employer of the activity, policy or practice;
  • expands remedies available to whistleblowers;
  • expands statute of limitations to two years.

New York employers must post the Notice of Employee Rights, Protections, and Obligations Under Labor Law Section 740 and ensure policies and procedures are current to respond to employee complaints given the expanded protections under the law.

Please feel free to contact our Employee Benefits team with any questions.