New York Expands Whistleblower Protections

New York Governor Kathy Hochul has signed legislation that significantly broadens protections for whistleblowing employees under Section 740 of the New York Labor Law.  The amendments, which take effect on January 26, 2022, will make New York's whistleblower law among the strongest in the nation.

These are the key changes reflected in the amendments:

• Definition of "Employee." The amendments expand the definition of an "employee" to include former employees and independent contractors.
• Covered Protected Activity.  The current law protects only those employees who report violations of law that create or present a substantial and specific danger to the public health and safety.  Under the amended statute, employees will be protected if they disclose or threaten to disclose to a supervisor or public body an activity, policy or practice that the employee "reasonably believes"
  • violates any law, rule or regulation; or