New York Governor Kathy Hochul has signed into law revisions to Section 740 of the New York Labor Law that will substantially enhance protections for employees reporting illegal or dangerous business activities.  Key changes include the expansion of the definition of “employee” to include former employees and current and former independent contractors and the expansion of what constitutes “retaliatory action” to include not only the discharge, suspension, or demotion of an employee, but also any other action or threat that would aversely impact a current or former employee’s current or future employment.  This includes reports or threats to contact US immigration authorities regarding an employee’s immigration status or citizenship. 

In addition, the statute of limitations for a covered employee to bring a claim has been extended to two years, and a covered employee will be entitled to a jury trial and may seek injunctive relief, reinstatement, front pay, compensation for lost wages and benefits, punitive damages, a civil penalty up to $10,000, and attorney fees.

The changes to the law are effective January 26, 2022.

Read the text of the changes here.

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