As discussed in our previous post, on April 12, 2018, Governor Andrew Cuomo signed into law the New York State Budget Bill which included “the nation’s most aggressive anti-sexual harassment agenda.” The draft guidance issued by the State on August 23, 2018 provided several significant policy and training requirements to address workplace sexual harassment. Yesterday, the Governor announced the release of the finalized materials and guidance after an active public comment period and some noteworthy adjustments were made to the draft guidance.
Significant changes include the extension of the date in which sexual harassment training must be completed for all employees, which is now October 9, 2019 (instead of the original January 1, 2019 due date), and new employees must complete training “as soon as possible” (as opposed to within 30-days of hire).
Here are some brief highlights:
- By October 9, 2018, all New York State employers (regardless of size) must either adopt the State’s model Sexual Harassment Policy or implement a policy that meets or exceeds the State’s minimum standards.
- The policy should provide information on federal, state, local, and court avenues to report and adjudicate claims, including contact information for local police agencies.
- Employers must have a complaint reporting form.
- Training must be provided to all employees who work, or will work, in New York, including non-exempt employees, part-time workers, seasonal workers, and temporary workers.
- Harassment of non-employees is prohibited. “Non-employees” include: contractors, subcontractors, vendors, consultants, customers, clients, independent contractors, temporary workers, paid or unpaid interns, or anyone else providing services in the workplace.
Please click here to read our latest LEGALcurrents® alert for more detailed information about the new requirements and our recommendations.
Please join us to learn more.
On Friday October 5, 2018 at 10:00 am EDT, Harter Secrest & Emery Labor and Employment attorneys will host an informal discussion and Q&A session on the final guidance. In addition to taking questions, our attorneys will review the requirements and discuss what they mean for employers. Click here to register.