Fri Oct 12, 2018 | Cliff Schneider | Charter School Insights

Mandatory Sexual Harassment Policies & Training NYC Paid Safe and Sick Leave

Over the last few months, there has been several changes to employment-related laws that are applicable to many businesses and organizations operating in New York City. We hope the below is helpful and encourage you to reach out to us with any questions.

NYC Paid Safe and Sick Leave

Did you know about the recent changes to New York City’s Paid Sick Leave Law? Effective May 2018, the law is now known as the Paid Safe and Sick Leave Law.

New York City employers with 5 or more employees must now provide eligible employees (those who work more than 80 hours per calendar year) with no less than 40 hours (5 full working days) of paid “safe or sick” leave per calendar year. Employees may use “sick leave” for the care and treatment of mental or physical illnesses, injuries, or health conditions, and may use “safe leave” for actions taken in response to domestic violence or unwanted sexual physical contact, stalking or human trafficking. The law covers taking safe or sick leave for the care of family members, too.

Employers must provide each employee with written notice of the employee’s right to safe and sick leave and comply with various other legal requirements.

Please contact us for further information and guidance about the NYC Paid Safe and Sick Leave Law.

Mandatory Sexual Harassment Policies & Training

The new sexual harassment prevention laws recently enacted by New York State and New York City government require, among other things, that employers provide sexual harassment policies and training to their employees each year.

Pursuant to the New York State version of the law, by October 9, 2018, all employers must adopt a sexual harassment prevention policy that includes a complaint form and meets minimum standards as set forth in the law.

By or before October 9, 2019, employers also must provide an annual interactive training to employees that covers, among other things, an explanation of sexual harassment with examples, information concerning federal and state sexual harassment laws, and a description of employees’ rights and available forums for adjudicating sexual harassment complaints.

The New York State law also:

• expands protection against harassment to non-employees, such as outside vendors and contractors;
• prohibits mandatory arbitration clauses in any contract resolving a sexual harassment claim; and
• prohibits nondisclosure agreements relating to the resolution of any sexual harassment claim unless the condition of confidentiality is preferred by the complainant and strict procedures are followed.

The Stop Sexual Harassment in NYC Act expands existing protections under the New York State law.

Effective April 1, 2019, the NYC Law requires private employers with 15 or more employees to conduct an annual interactive training covering various topics, including: an explanation of sexual harassment as a form of unlawful discrimination; a description of sexual harassment using examples; any internal complaint process as well as the complaint process available through the New York City Human Rights Commission, the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission; and the prohibition against retaliation. The NYC Law requires employers to provide this training within 90 days of initial hire for employees who work more than 80 hours in a calendar year.

The NYC Law also requires employers to conspicuously display an anti-sexual harassment rights and responsibilities poster in the workplace, and to distribute an information sheet on sexual harassment to individual employees at the time of hire.

Please contact us for further information and guidance about these New York State and NYC Laws.