What protection do I have under the expanded whistleblower law?

What the Law Says

New York significantly expanded its whistleblower protections in 2022 through amendments to Labor Law § 740 and the addition of Labor Law § 741. These changes extend coverage, clarify protected activity, and strengthen enforcement.

The law now protects virtually all employees in New York—including part-time, temporary, and non-union workers—from retaliation for disclosing or threatening to disclose an employer’s illegal activity, or actions that pose a substantial and specific danger to public health or safety.

Protected activity includes reporting internally (e.g., to a supervisor or compliance officer) or externally (e.g., to a government agency), as long as the employee reasonably believes the information is true and the conduct violates law, rule, or regulation—or threatens public health or safety.

Retaliation includes firing, suspending, demoting, threatening, or otherwise discriminating against an employee because of their whistleblowing. Employers also may not blacklist or refuse to rehire a whistleblower.

Statutory Text

No employer shall take any retaliatory action against any employee because such employee, or a person acting on behalf of such employee, discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of law, or that poses a substantial and specific danger to the public health or safety.

— N.Y. Lab. Law § 740(2)(a) — Protection from retaliation

Statutory Text

For purposes of this section, 'employee' means any person who works for an employer, including, but not limited to, a public employee, a private employee, a temporary employee, a part-time employee, an independent contractor, an individual who is authorized under state or federal law to work in the United States, and an individual who is not authorized under state or federal law to work in the United States.

— N.Y. Lab. Law § 740(1)(d) — Definition of employee

Statutory Text

Any employer who violates the provisions of this section shall be liable for a civil penalty of not more than ten thousand dollars for each violation.

— N.Y. Lab. Law § 740(5) — Civil penalty

What Courts Have Said

Courts have interpreted the expanded whistleblower statutes to emphasize broad protection for employees raising legitimate concerns—even when the reported conduct is later found lawful—as long as the belief was reasonable.

What to Do

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