Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 11, 2018
The Firm
201-896-4100 info@sh-law.comNew York employers should be aware that a key compliance date is quickly approaching. As of October 9, 2018, employers must satisfy new minimum standards for sexual harassment prevention policies and training. The New York Department of Labor (NYDOL) has published draft materials, including a model sexual harassment prevention policy and model sexual harassment training guide, which should be finalized in the coming weeks.
Under New York’s new sexual harassment law, which was enacted as part of the 2018 state budget, every employer in the New York State is required to adopt a sexual harassment prevention policy by October 9, 2018. An employer that does not adopt the model policy provided by the NYDOL must have a policy in place that (at minimum):
Employers must provide each employee with a copy of its policy in writing. The NYDOL also advises that employers should provide employees with the policy in the language that is spoken by their employees. The model policy will be available in English and Spanish. In time, it is contemplated that versions in other languages will be made available to employers.
New York employers must also provide annual sexual harassment training to all employees, including part-time workers. Employers that decline to use the model training developed by the NYDOL must ensure that the training that they use meets or exceeds the following minimum standards. The training must:
The NYDOL has also published responses to several frequently asked questions (FAQs). The FAQs advise that employees must be trained at least once per year. In subsequent years, this may be based on the calendar year, the anniversary of each employee’s start date or any other date the employer chooses. For new employees, they must complete sexual harassment training within 30 calendar days of starting their job.
The FAQs also clarify what “interactive” means with respect to the required sexual harassment training. According to the NYDOL, the training requires some form of employee participation, meaning the training may:
For New York City employers, the new state-wide requirements are in addition to the obligations imposed under the Stop Sexual Harassment in NYC Act. Most notably, NYC employers must conduct annual sexual harassment training and display an anti-sexual harassment poster in common areas of the workplace. Under the NYC act, employers with 15 or more employees are required to conduct annual anti-sexual harassment training for all employees. Effective April 2019, employers will have one year to implement the training for all employees and must ensure all employees are trained annually thereafter. The NYC Human Rights Commission will develop and publish online training on its website that will satisfy this requirement in the coming months.
With new state and local regulations, the compliance burdens and liability risks are growing. To stay on top of all your obligations, we encourage you to contact one of Scarinci Hollenbeck’s experienced employment attorneys.
If you have any questions or if you would like to discuss the matter further, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
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