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Quiz of the Month

By ALM Staff | Law Journal Newsletters |
April 06, 2004

Q.: Must a private employee under New York's Whistleblower Law, Labor Law ' 740, be able to prove that the complaint raised was in response to an actual health and safety violation by his or her private employer of a law, rule, or regulation?

 A.: Generally, yes. The New York Legislature, however, amended the Whisteblower Law in 2002 to allow for claims based on a good-faith belief of a violation of law, rule, or regulation in matters involving claims of “improper quality of patient care.” Labor Law ' 741. In contrast, Civil Service Law ' 75-b protects public employees who have merely a reasonable belief that the conduct about which they are complaining constitutes a violation of law, rule, or regulation by the public employer.

Q.: Must a private employee under New York's Whistleblower Law, Labor Law ' 740, be able to prove that the complaint raised was in response to an actual health and safety violation by his or her private employer of a law, rule, or regulation?

 A.: Generally, yes. The New York Legislature, however, amended the Whisteblower Law in 2002 to allow for claims based on a good-faith belief of a violation of law, rule, or regulation in matters involving claims of “improper quality of patient care.” Labor Law ' 741. In contrast, Civil Service Law ' 75-b protects public employees who have merely a reasonable belief that the conduct about which they are complaining constitutes a violation of law, rule, or regulation by the public employer.

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