Effective today, protections for New York employees who become “whistleblowers” have changed significantly. This expanded regulation extends to additional inclusions via Labor Law 740.
Employers must post this new regulation with the update from Labor Law 740.
The previous regulation included personnel who are affected by this policy, but now the regulation covers former personnel, consultants, and contractors as well.
Before it was amended,, the law only protected personnel who reported violations that posed a “substantial and specific danger to public health or safety”. Now, employees just need to feel that there is a “reasonable belief” of an employer violation occurring.
Specifically, the law changes the statute of limitation to 2 years and modifies the penalties that employee whistleblowers can obtain from the employers.
Under the old law, employees who were wrongfully terminated were able to be awarded reinstatement to their position from their employers, as well as back wages, and any attorneys’ fees.
Now, whistleblower employees can be entitled to all of the previous reconciliations plus punitive damages, and front pay. Additionally, the employer in question could be liable for penalties up to $10,000.