New Whistleblower Protections for Employees in NY

Until recently, New York State’s whistleblower law, Labor Law § 740, provided no protections to the vast majority of employees blew the whistle on unlawful behavior by their employers.  In other words, if you were fired for blowing the whistle on your employer’s financial fraud, scamming of customers, or failure to follow important regulations, you could not file a lawsuit under state law.

Recently, that law was amended to be much more protective to employees.  After the amendments take effect on January 26, 2022, it will be illegal for employers to retaliate against an employee who discloses or threatens to disclose a policy or practice of the employer that the employee reasonably believes violates a law, rule or regulation OR that the employee reasonably believes poses a substantial and specific danger to public health or safety.  Further, the employee will not need to prove an actual violation of law or a danger to public health or safety, but only that the employee reasonably believed that to be so.  This greatly expands the scope of whistleblowing activity protected by state law, and potentially includes activity such as opposing unsafe workplace practices in light of the COVID pandemic.  The protections also apply to independent contractors.   

The remedies available to whistleblowers are also significantly expanded.  Front pay (money to compensate for future loss of income) is now available, as is a civil penalty of up to $10,000, as well as punitive damages.  Whistleblowers also have the right to a jury trial for the first time, and the statute of limitations is extended from one year to two. The amended law is a significant expansion of the right of employees to complain about or report their employer for breaking the law or jeopardizing public safety. 

Our firm has deep experience litigating whistleblower cases in many different industries.  Contact us if you are a whistleblower experiencing retaliation at work.