Court Clarifies Limited Scope of Whistleblower Law’s Waiver Provision

In Davis v. Duane Reade, Inc. (2d Dept. Sept. 24, 2014), the court explained the narrow scope of the waiver provision of New York’s Whistleblower Law:

Labor Law § 740(7) provides that “the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, law, rule or regulation or under the common law.” However, the waiver only applies to causes of action arising out of or relating to the same underlying claim of retaliation. (Emphasis added.)

Therefore, since plaintiff’s Labor Law § 203-c cause of action “asserts the separate and independent claim of illegal placement of video cameras in employee restrooms … it is not barred by the Labor Law § 740(7) election of remedies provision.”

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