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.
Articles Discussing General Topics In New York Labor & Employment Law.
NY Agencies Publish Draft Sexual Harassment Model Policy, Complaint Form, and Training
On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law. As we reported in April and August of this year, New York State recently passed a number of sexual harassment-related initiatives in the state’s 2018-2019 budget. For example, New York State now requires employers to provide all employees with annual anti-sexual harassment and discrimination training. The law also requires employers to promulgate written anti-sexual harassment policies to employees. While the law indicated an effective date of October 9, 2018 for these components of the law, it did not contain specific examples of training programs or policies that employers will be required to adopt. Instead, the law indicated that the Department of Labor “shall consult with the Division of Human Rights to create and publish” the model training and model policy. The executive order provides these examples, meaning the October 9, 2018 compliance date stands.
New York State Issues Draft Guidance on Required Sexual Harassment Prevention Policies and Training
The State of New York has issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by legislation passed earlier this year. Starting October 9, 2018, the enacted legislative package requires, among other things, that employers in New York adopt the state’s model sexual harassment prevention policy or modify an existing sexual harassment policy to meet the state’s minimum standards, and provide annual sexual harassment prevention training to all employees.
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.
New York City Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster
Executive Summary: As part of the new anti-sexual harassment laws passed in response to the #MeToo movement this past spring, New York City now requires employers to post a notice of employees’ rights and remedies if they have been subjected to sexual harassment. (FordHarrison previously discussed the updates to the City law in our April 30, 2018 Alert.) The New York City Commission on Human Rights (“the Commission”) has issued a poster for use by employers: https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/SexHarass_Notice-8.5×11.pdf. Employers must “conspicuously” display this poster “in employee breakrooms or other common areas employees gather” no later than September 6, 2018.
New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment; Employers Should Prepare for Upcoming Deadlines
In April 2018, New York State and New York City each adopted expansive legislation directed at educating employees about workplace sexual harassment and reducing the incidence of harassment claims, as we reported in our prior article.
New York Moves on Bereavement Leave Legislation
New York is close to becoming the second state to enact legislation requiring employers to provide employees with bereavement leave. The legislation recently passed the New York Assembly and Senate and awaits the possible signature of Governor Andrew Cuomo.
New York Steps Closer to Legalizing Recreational Marijuana Use with Creation of Drafting Workgroup
New York Governor Andrew Cuomo is setting the stage to begin debate over the legalization of marijuana for recreational use during the 2019 Legislative session. The current marijuana program, restricted to medical marijuana usage, was signed into law in 2014.
New York City DCA Issues Guidance on Temporary Schedule Change Amendments to Fair Workweek Law
The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers Need to Know” as guidance on the temporary schedule change provisions of the New York City Fair Workweek Law. The temporary schedule change provisions require most New York City employers to grant employees two temporary changes to their work schedules each calendar year for certain “personal events.”
New York Legislature Approves Paid Family Leave Expansion for Bereavement and Organ Tissue Donation
On the last day of the 2018 New York Legislative Session, lawmakers approved a measure that would expand access to the current New York Paid Family Leave benefit to employees experiencing bereavement due to the death of a family member.
Temporary Schedule Change Amendments to New York City Fair Workweek Law Effective July 18
Starting on July 18, 2018, New York City employers are required to provide two temporary schedule changes to employees each calendar year for “personal events.” The law also protects employees from retaliation for making certain other schedule change requests.
Sexual Harassment: New Protections for Independent Contractors in New York
Executive Summary. In New York State, the State Human Rights Law (“HRL”) was recently amended to prohibit sexual harassment against independent contractors. This is a major extension of sexual harassment protection with significant liability exposure for employers. Freelancers, consultants, project contract workers, vendors and suppliers are now protected from sexual harassment on the job, the same as employees.
New York Appellate Court Delivers Big Win to Gig Economy Business
On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter of Vega,1 the court found that a courier who performed delivery services arranged through Postmates’ web-based platform was as an independent contractor, and not an employee, for unemployment insurance purposes.
NYC May Start Enforcing its Law Requiring Fast Food Employers to Facilitate Payroll Deductions to Fund Contributions to Certain Not-For-Profit Organizations
Last June, New York City passed legislation that significantly reduced fast food and retail employers’ flexibility in crafting schedules to meet their legitimate business needs. This “Fair Workweek” legislative package also included a requirement that fast food employers set up a system allowing employees to request payroll deductions for voluntary contributions to authorized not-for-profit organizations. This “Deductions Law” required fast food employers to remit these contributions directly to the not-for-profit organizations.
https://www.jacksonlewis.com/publication/gig-economy-delivery-couriers-are-not-employees-new-york-court-rules-reverses-unemployment-board
A delivery courier fired by app-based food delivery service Postmates Inc. is an independent contractor, not an employee entitled to unemployment insurance benefits, the Third Judicial Department of the New York Supreme Court has ruled. Matter of the Claim of Luis A. Vega, No. 525233 (June 21, 2018). The case is one of many disputes across the country over the status of workers in the gig economy.