Monday, January 14, 2008
New York has a general whistleblower statute (Labor Law Sec. 740) and a whistleblower statute applicable to individuals performing patient care services. (Labor Law Sec. 741). The issues to be decided are as follows:
(1)Does the institution of a time-barred claim pursuant to New York Labor
Law § 740 simultaneously with a claim pursuant to New York Labor Law § 741 trigger section 740(7)’s waiver provision and thereby bar the section 741 claim, even if the section 740 claim is subsequently withdrawn?
(2) Does the definition of employee in New York Labor Law § 741 encompass an individual who does not render medical treatment, and under what circumstances?
This will be an important decision to watch.
Mitchell H. Rubinstein