May 26, 2022

Volume XII, Number 146

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New York’s Expanded Whistleblower Protections and Notice Requirements Take Effect January 26, 2022

On January 26, 2022, legislation (“Amendments”) amending and significantly expanding the scope of New York’s whistleblower laws will take effect.

As our previous Insight explained in more detail, the Amendments make it much easier for individuals to bring a retaliation claim under New York Labor Law § 740 (“Section 740”) and increase coverage for workers who allege that they have been retaliated against for reporting suspected employer wrongdoing to include former employees and independent contractors.

Additions to Section 740, as well as Labor Law § 741, which applies to whistleblowing in the context of health care employment, include new notice posting requirements. The Amendments require that employers inform workers (including independent contractors) of their protections, rights, and obligations under the Labor Law by conspicuously posting a notice in an easily accessible and well-lighted place customarily frequented by employees and applicants for employment. As of the date of publication, the New York State Department of Labor (“NYSDOL”) has not released a model notice. For technical compliance, employers may wish to post a copy or summary of the amended Section 740 (and Section 741, if applicable), but we expect a poster from the NYSDOL to be issued soon.

New York employers should review any whistleblower policies and complaint procedures for compliance, consider training managers on the Amendments, e.g., as to what constitutes “protected activity” and “adverse action,” and comply with notice posting requirements under Sections 740 (applicable to employers in general) and 741 (specific to healthcare workplaces) as soon as model notices become available.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 26
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About this Author

Ann Knuckles Mahoney, Epstein Becker Green, employee handbook attorney
Associate

ANN KNUCKLES MAHONEY is an Associate in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green. Ms. Knuckles Mahoney:

  • Counsels employers on practices and procedures, such as employee handbooks and stand-alone policies

  • Advises employers on Fair Labor Standards Act (FLSA) wage and hour laws and the classification of workers

  • Assists in defending clients in labor and employment-related litigation in a...

212-351-5521
Law Clerk - Admission Pending

Christopher Shur is a Law Clerk - Admission Pending - in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

212-351-3716
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