New York Not-for-Profit Governance Reminders for the New Year

January 18, 2023

For several years, New York’s Not-for-Profit Corporation Law (the “N-PCL”) has required some organizations to have policies protecting whistleblowing directors, officers, employees, volunteers and certain “key persons” from retaliation. And since early 2022, New York’s Labor Law has provided anti-retaliation protection for an even broader class of people, including independent contractors who are natural persons and former employees. Under the Labor Law rules, notice of the applicable whistleblower protections must be posted in a conspicuous location if there is a physical office and must also be circulated to employees in digital form either by email or on the organization’s website.

All New York employers should make sure their postings are up-to-date, and New York organizations with whistleblower policies designed to be compliant with the N-PCL should revisit them to incorporate provisions consistent with the Labor Law.

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