What Businesses Need to Know About Changes to NY Whistleblower Law

December 15, 2021

New York has greatly expanded whistleblower protections for employees who report alleged wrongdoings by employers in the New Year.

The amended law, effective Jan. 26, expands not only the type of claims that may be lodged against an employer, but also expands the statute of limitations to file a claim. Protections will be expanded beyond employees to include former employees and independent contractors.

“This is a significant change in the law that opens employers up to more claims,” says Domenique Camacho Moran, a partner at Farrell Fritz in Uniondale.

Currently, to file a whistleblower claim, an employee must know there was a violation of the law, she says. As of Jan. 26, employees are protected if they “reasonably believe” an employer’s activity/policy is in violation of a law, rule or regulation, or poses a substantial and specific danger to public health or safety, she says.

It’s not clear what constitutes reasonable belief, Moran said, adding that it will “be a matter of court interpretation” down the line.

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  • Related Practice Areas: Labor & Employment
  • Featured Attorneys: Domenique Camacho Moran
  • Publications: Newsday