As we previously reported, on January 26, 2022, amendments to New York’s whistleblower law took effect that significantly expand the scope and coverage of whistleblower rights and protections for workers who allege they have been retaliated against for reporting suspected employer wrongdoing.
The New York State Department of Labor (NYSDOL) has now released a model Notice of Employee Rights, Protections, and Obligations Under Labor Law Section 740 that employers must post in a conspicuous, easily accessible, and well-lighted place customarily frequented by employees and applicants for employment. The notice consists of the revised language of New York Labor Law § 740.
Note that the NYSDOL’s notice does not include New York Labor Law § 741, which has also been amended, and applies to whistleblowing in the context of health care employment (whereas Section 740 applies to whistleblowing generally). As such, employers in the health care sector may wish to create and post a copy or summary of the amended law in order to comply with Section 741’s notice requirement, which is identical to the requirement set forth in Section 740.
What New York Employers Should Do Now
New York employers should post the model notice released by the NYSDOL in a conspicuous place (as described above) as soon as possible, as well as a copy or summary of Section 741 to the extent it applies. If employees are working remotely, employers should consider making the poster available on an intranet site where other employment posters are located. Additionally, New York employers should review any whistleblower policies and complaint procedures for compliance and consider training managers on the new law.
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