As we find ourselves in the midst of summer, employers in New York should keep an eye on the upcoming October 9th deadline for providing anti-harassment training to all employees.
As we previously reported, effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. To satisfy the training requirements, employers may either: (1) adopt the State’s model training script, slides, and/or case studies; or (2) provide other live training or interactive online/video training that meets or exceeds the law’s minimum standards for training. Employers must train all employees – including exempt, non-exempt, part-time, seasonal and temporary employees – on or before October 9, 2019. And, according to the State’s guidance, employers also need to train employees who “work[] a portion of their time in New York State, even if they’re based in another state.”
As a reminder, employers in New York City must also comply with the Stop Sexual Harassment in NYC Act’s training requirements, which went into effect on April 1, 2019. While there are many similarities between the State and City law requirements – including the requirement that the training be interactive – the City law also requires that employees be trained on bystander intervention. And like the State’s guidance, the City’s guidance similarly extends an employer’s training obligation to employees who are connected to New York City “in any way.” This includes (1) employees who work or will work in New York City; (2) employees who work a portion of their time in New York City; and (3) employees who are based elsewhere but who interact with other employees in New York City (even if they are not physically present in the City). Although employers in New York City have until December 31, 2019 to comply with the City law, employers should consider providing training now that complies with the requirements of both the State and City laws.
As always, Proskauer attorneys are standing by to provide guidance and answer questions you have about these requirements.