Michael Sciotti, partner, was featured in the Central New York Business Journal article “Businesses Need to Be Aware of Whistleblower-Law Changes” about changes to New York State’s whistleblower law, which went into effect on January 26, 2022, and how they may impact businesses.
Michael noted that the broadening of who can blow the whistle on an employer is one of the biggest changes in the law. The law now also protects former employees and independent contractors in addition to current employees. Because the whistleblower law impacts any entity that has one or more employees, Michael said, “This law pretty much applies to anyone who has an employee.”
The article explained key elements of the law, including five exceptions to the requirement that employees make a good-faith effort to tell supervisors of the wrongdoing and give the employer time to fix the issue before reporting it.
Michael outlined how employers can protect themselves, stating, “The other side of it is implementing good policies and practices.” Additionally, training is an effective way of ensuring employers and supervisors know the ins and outs of the law to avoid violating the law. Another way employers can protect themselves is by making sure all terminations are legal and sensible, with supporting evidence for the termination.
It is optional for employers to update their employee handbooks with the changes to the whistleblower law. However, all employers are required to post about the law. Michael said, “There is a three-page employer poster that the Department of Labor has published.” Some employers may have an outdated poster that needs to be replaced, while others may not have known about the posting requirement at all.
To stay up to date, Michael suggests businesses consider joining a membership organization and taking advantage of training and education opportunities. The Department of Labor has free alerts that notify people and businesses of important changes.
Central New York Business Journal subscribers can read the full article here.