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Total Articles: 10

State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law

The scope of New York City’s marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who someone is married to. On September 6, the Appellate Division for New York’s First Department answered for the first time the following question under the New York City Human Rights Law (HRL): may an employer dismiss an employee simply because the employee’s spouse, also a former employee, had taken a job with the employer’s competitor?

Significant Compliance Challenges in New York State's Proposed Anti-Sex Harassment Rules: What Can Employers Do Now?

As addressed in our previous ASAP, New York State enacted new legislation in April 2018 targeting workplace sex discrimination and sexual harassment. The new Section 201-G of the State Labor Law will require all companies that have any employees in New York State to promulgate anti-sexual harassment policies, create and distribute a standard internal complaint form for employees to use, and provide annual anti-sexual harassment training for all New York-based employees. These requirements are effective on October 9, 2018.

Reminder: New York City Employers Must Distribute Fact Sheet, Post Notice on Sexual Harassment Law by Sept. 6

Beginning September 6, 2018, all New York City employers must distribute the New York City Commission on Human Rights’ mandatory fact sheet on the “Stop Sexual Harassment in NYC Act” to all new hires. Employers also may wish to distribute the fact sheet to existing employees, even though that is not expressly required by the law or by the city notice.

New Legislation on Sexual Harassment Will Signifigcantly Affect the Handling of These Cases for Municipalities

The #MeToo movement and its widespread publicity of issues involving sexual harassment in the workplace have sparked new legislation affecting all employers, including public employers.

Proposed New York City Legislation Aims to Reduce Incidents of Late Payments to City Contractors

A bill to amend New York City’s contracting process to improve the promptness of city agency payments to contractors has been introduced in the New York City Council. The bill’s sponsors introduced the measure following a news report on the city’s history of late payments to some social service vendors.

The Wait is Over: New York State Model Policy and Training, and New York City Postings Are Here

As we previously reported here and here, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released drafts of model materials in addition to supplemental information to aid in compliance with the new laws. These include (1) a model sexual harassment prevention policy; (2) a model sexual harassment complaint form; (3) a model sexual harassment prevention training program; (4) minimum standards for employer sexual harassment prevention policies and trainings; and (5) a list of draft frequently asked questions (FAQs) on the new requirements.

New York State Issues Draft Anti-Sexual Harassment Training

xecutive Summary: Earlier this year, in response to the #MeToo movement, New York State passed several new laws aimed at expanding employee awareness of sexual harassment. (FordHarrison previously reported the updates to the State law in our April 27, 2018 Legal Alert). Among the new requirements placed on employers is mandatory annual anti-sexual harassment training and an anti-sexual harassment policy, which must be implemented by October 9, 2018. As the summer draws to a close, the State has issued a draft model policy, draft model training, and minimum standards for the creation of an employer’s own policy and training, if they choose not to adopt the models. A public comment period runs through September 12, 2018.

New York City Offers the Country’s First-Ever Freelancers Hub

It should come as no surprise that New York City is home to a large number of freelancers—approximately 400,000 according to the NYC Department of Consumer Affairs. In order to assist this growing population, the Mayor’s Office of Media and Entertainment of recently announced that a Freelancers Hub will be opening at the Made in NY Media Center in Brooklyn during the first week of October. Julie Menin, Commissioner of the Office of Media and Entertainment, said in a statement: “We’re extremely proud that The Freelancers Hub at the Made in NY Media Center will make New York the first city in the country to provide direct services and support to independent workers in the creative industries, demonstrating how cities and governments can help workers flourish and grow their business while maintaining the independence and flexibility that comes with freelance work.”

New York Releases Guidance and Model Policies and Training on Sexual Harassment

Last week, New York State released anticipated guidance regarding new sexual harassment legislation that was enacted in May with major provisions effective October 9. The new website provides a model policy, model training, frequently asked questions, and a sample complaint form. All documents have been released as drafts, and the state is seeking public comment on or before September 12, 2018.

NYC Law Mandates Employers Display Anti-Sexual Harassment Notice and Distribute Fact Sheet to Employees

As many New York City employers now know, on May 9, 2018, Mayor DiBlasio signed into law the Stop Sexual Harassment in NYC Act, which amended the NYC Human Rights Law to include mandates aimed at addressing and preventing sexual harassment in the workplace. The act effects a number of obligations, including one with a deadline of September 6, 2018 that maintains that employers must conspicuously display an anti-sexual harassment notice in employee breakrooms and other common areas in which employees gather. The NYC Commission on Human Rights, which enforces the act, published the poster at its website.