USA | New York Passes Additional Whistle-blower Retaliation Law

The Government of New York signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to augment guards for private sector employees who allege retaliation for reporting violations of and “law, rule or regulation.” The law shall come into force 90 days after its enactment, or on January 26, 2022.

 

Key highlights

  • The new law provides that an employer may not take any retaliatory action against an employee because the employee does the following:
    1. discloses or threatens to disclose to a supervisor or a public body any activity, policy or practice of the employer that the employee reasonably believes is in violation of any law, rule or regulation or poses a substantial and specific danger to the public health and safety;
    2. provides information to, or testifies before, any public body investigating any such activity, policy or practice; or
    3. objects to or refuses to participate in any such activity, policy or practice.
  • An employee who is retaliated against may sue in court, is entitled to a jury trial and may seek a broad range of remedies including: injunctive relief, reinstatement, lost compensation, a civil penalty of up to $10,000, punitive damages and reimbursement of attorneys’ fees and costs incurred in bringing the action.

 


*Tanvi Singh, Editorial Assistant has reported this brief.

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