NY Labor Law 741 – Page 2 – Pospis Law, PLLC

November 18, 2015 by mjpospis

Whistleblower Claim Dismissed; Supervisor Assault Was Not a Qualifying Legal Violation

Unfortunately for New York workers, New York has a notoriously weak workplace “whistleblower law”. Its general whistleblower statute, NY Labor Law § 740, provides (in pertinent part): An employer shall not take any retaliatory personnel action against an employee because such employee does any of the following: (a) discloses, or threatens to disclose to a…

Plaintiff Fired After Complaining About Drunk Dentist Survives Summary Judgment on Labor Law § 741 Whistleblower Claim

Nazi dentists are terrifying. Drunk dentists may be a close second. New York’s whistleblower statutes – codified at Labor Law §§ 740 and 741 – are notoriously (and, from a plaintiffs’ lawyer’s perspective, frustratingly) narrow. It is, therefore, refreshing to see a plaintiff prevail, if “only” on a motion for summary judgment. This victory – arguably the…

Second Circuit Clarifies Remedies Available Under New York’s “Whistleblower Law”, New York Labor Law 740/741

In Pal v. New York University (Summary Order dated 9/22/14), the U.S. Court of Appeals for the Second Circuit clarified that New York’s “Whistleblower” law – New York Labor Law § 740 – only provides for “equitable” relief (such as back pay), does not allow recovery for “future or anticipated lost wages or benefits,” and does not provide…