Whistleblower Law

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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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In Pisano v. Reynolds, No. 653347/2022, 2023 WL 3601527, 2023 N.Y. Slip Op. 31741(U) (N.Y. Sup Ct, New York County May 23, 2023), the court, inter alia, held that New York Labor Law § 740 – New York’s “whistleblower” statute – did not apply retroactively. Notably, the New York legislature recently broadened this statute to…

Read More Court: NY Labor Law § 740 Not Applied Retroactively; Events Forming Basis For Claims Preceded Statute’s Substantial Expansion
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In Sakthivel v. Industrious Staffing Co., LLC, 2023 NY Slip Op 00044 (N.Y. App. Div. 1st Dept. Jan. 5, 2023), the court affirmed the lower court’s dismissal of plaintiff’s claim of retaliation, asserted under the New York Labor Law, arising from an assault by a co-worker. From the decision: Plaintiff pro se alleges that defendant…

Read More Whistleblower Claim, Based on Alleged Co-Worker Assault, Dismissal Affirmed
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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Recently, New York’s legislature amended New York’s notoriously narrow “whistleblower law,” N.Y. Labor Law 740. Governor Hochul signed the new law on October 28, 2021; they take effect 90 days thereafter (i.e., on January 26, 2022). There are a number of changes to the statute, which include, but are not limited to: Broadening the definition…

Read More Amendments to New York’s Whistleblower Statute, N.Y. Labor Law 740
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New York’s general “whistleblower” statute – New York Labor Law 740 – is, in its current form – extremely narrow. However, recent amendments to the statute have passed the Assembly and Senate to broaden its terms. The proposed amendments include (THESE WORDS added; [bracketed words] deleted): 2. Prohibitions. An employer shall not take any retaliatory…

Read More Proposed Amendments to New York’s Whistleblower Law Pass Senate and Assembly
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In Sakthivel v. Industrious Staffing Co., LLC, No. 650435/2020, 2021 WL 53146, 2021 N.Y. Slip Op. 30025(U), 4–5 (N.Y. Sup Ct, New York County Jan. 06, 2021), the court dismissed plaintiff’s claims of wrongful termination  under the New York Labor Law (specifically, NY Labor Law §§ 215, 740(2)). From the decision: Plaintiff alleges a workplace…

Read More Workplace Assault, Followed by Termination, Held Insufficient to Make Out NY Labor Law Whistleblower/Retaliation Claims
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In HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s  whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…

Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim Dismissed
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In Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…

Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”
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Citing a recent amendment to New York’s “whistleblower law”, Labor Law 740, the court in Zhou v. Roswell Park Cancer Institute Corp. et al, 2020 WL 3574631 (W.D.N.Y. July 1, 2020), rejected defendants’ argument that plaintiff’s discriminatory termination claims were “waived” by assertion of a claim under that statute. From the decision: The Court recommends…

Read More Court Rejects Argument That Assertion of State Law Whistleblower Claim Waives Discriminatory Termination Claims
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