An amendment to New York Labor Law §740, effective Jan. 26, 2022, significantly expands protections for workers who report or object to their employer’s illegal or dangerous business activities. While the impact of these changes is yet to be determined, the body of case law that has developed across the Hudson River in New Jersey, which has had some of the most comprehensive whistleblower protections in the country for several years now, is an instructive starting point for those looking to anticipate the impact of New York’s whistleblower amendment.
While both New York and New Jersey have had whistleblower laws on their books for over 30 years, the trajectory of their respective laws has been divergent until now. Since its enactment in 1984, the New York whistleblower law has been narrowly construed, infrequently invoked, and, as a result, has generated little precedent. The same cannot be said of New Jersey’s Conscientious Employee Protection Act (CEPA). Enacted in 1986, CEPA has been more broadly interpreted, is frequently invoked, and has been extensively litigated—comprising a major aspect of New Jersey employment law.
