| What’s new?
Under New York’s expanded Whistleblower Protection Law provisions, effective January 26, 2022:
- “employee” includes “former employees, or natural persons employed as independent contractors.”
- “retaliatory action” refers to (i) adverse employment actions against current employees, such as discharge, suspension, or demotion; (ii) actions or threats that would adversely impact a former employee’s current or future employment; or (iii) contacting or threatening to contact immigration authorities on an employee or their family member.
- requires employees claiming protection for a disclosure to a public body to first make a “good faith effort” to notify their employer of the violation. Employer notification is not required if:
- there is “imminent and serious danger” to public health;
- the employee believes the reporting would result in the destruction of evidence or concealment of the illegal activity;
- endangerment of a child; or
- physical harm to the employee or any other person.
- increases the statute of limitations for filing a claim to two years.
- additional remedies include front pay, civil penalties of up to $10,000 and/or punitive damages, if the violation was willful, malicious, or wanton.
Who must post?
All New York employers with one or more employees are required to display the poster in a conspicuous place. (20-C NY Labor § 740(8))
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