Publications & Presentations
November 19, 2021
New York Enhances Protections for Whistleblowers
 
Co-Author, Polsinelli At Work Blog

Effective January 26, 2022, New York will greatly expand whistleblower protections provided to employees and independent contractors, creating new compliance challenges and avenues of liability for employers. Senate Bill S4394A (the “Amendment”), recently signed into law by Governor Hochul on October 28, 2021, amends New York’s whistleblower protection law (codified at Section 740 of New York’s Labor Law) in four principal ways: 

·       Expanding the definition of protected activity under the law; 

·       Expanding the scope of individuals entitled to whistleblower protection; 

·       Expanding the definition of adverse actions under the law; and 

·       Watering down the requirement that whistleblowers notify their employer of the challenged conduct prior to reporting it to law enforcement or other government bodies.