The New York State Whistleblower Poster, also known as the Notice of Employee Rights, Protections, and Obligations Under Labor Law Section 740, must be posted by all New York employers with one or more employees.
What Changed?
On October 28, 2021, Governor Hochul signed Senate Bill 4394 amending and expanding whistleblower protections under the New York Labor Law Section 740. The law expands the scope of retaliatory action to specifically include:
- Actual or threatened adverse employment actions (such as termination, demotion or suspension);
- Threats against a former employee’s current or future employment; and
- Threatening to contact or contacting immigration authorities.
The law also expands the definition of employee to include “former employees, or natural persons employed as independent contractors.”
An employer is prohibited from retaliating against any employee who discloses, or threatens to disclose, an activity, policy or practice that the employee “reasonably believes” is in violation of law, rule or regulation or that the employee “reasonably believes” poses a substantial and specific danger to the public. An employee who claims protection for a disclosure to a public body must have made a good faith effort to notify their employer and given the employer a reasonable opportunity to correct the issue. No employer notification is required if the employee reasonably believes (1) the supervisor is already aware of and will not correct the illegal activity; (2) it could lead to endangerment of a child; (3) will result in physical harm to the employee or any other person; (4) there is an imminent and serious danger to the public health or safety; or (5) will result in a destruction of evidence or other concealment of the activity, policy or practice.
The law expands the statute of limitations for filing a claim from one year to two years, and expands the remedies, including front pay, a civil penalty of an amount not to exceed $10,000 and/or punitive damages, if the violation was willful, malicious, or wanton.
Who must post?
All New York employers must inform employees of their protections, rights and obligations under the amended whistleblower law by displaying this poster conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants. (20-C NY Labor § 740(8))