NYS Sexual Harassment Compliance Solutions

Compliance is Easier Than You Might Think

Let's start here. If you're an employer, you've probably been on the receiving end of a multitude of solicitations from companies using fear tactics to sell you custom policy and training solutions that cost a lot of money.

Before you sign any contracts, we recommend first familiarizing yourself with the law, how it works and all of the free resources New York State has already made available to its employers. We explain this in more detail in the video below:

Option 1: Do it by yourself, for free.

New York State has issued new requirements designed to prevent sexual harassment in the workplace. The key components of the law are as follows:

Employers must establish a formal sexual harassment prevention policy and share it with all employees.
The policy must also include and share a complaint form with employees that can be used to file formal sexual harassment complaints.
Employers must also provide mandatory sexual harassment prevention training to all employees on an annual basis.

And the State has already developed resources for employers to administer the compliance procedures required by the law on their own.

Policy

Employee Complaint Form

Employers can use this complaint form to share with all of their employees. This is the state-compliant form employees can use if they ever need to file a sexual harassment complaint.

Training

In consultation with the Division of Human Rights, the New York State Department of Labor has established model sexual harassment prevention training for employers to adopt. Using this training would ensure compliance for this specific component of the law. Employers can read these model training instructions. Then they can use this model training slide deck when actually administering the sexual harassment prevention training with all of their employees.

The videos below, which may be watched via YouTube or downloaded, meet all state minimum training requirements except one: the videos alone are NOT considered interactive. If you are using this video to meet the training requirements, you must also:

ask questions of employees as part of the program;
accommodate questions asked by employees, with answers provided in a timely manner;
or require feedback from employees about the training and the materials presented.

During this interactive portion, employers should be prepared to address questions raised by employees including those specific to their industry, questions about the organization’s reporting process and questions about how hypothetical cases would be handled.

Labor Law Posting (Optional)

New York State has also provided employers with a posting they can tack up next to their standard labor law poster to provide notice to employees about the law and who they can contact if they need to report an incident of sexual harassment in the workplace. This poster, which is an optional tool, is one way to direct both employees and non-employees to your Sexual Harassment Prevention Policy and should be displayed in a highly visible place. Download it here.

Option 2: Manage it yourself, but with some paid support.

So you know you can comply with the law by yourself, for free, using the State-issued materials. But what if you don't feel comfortable administering the training yourself? Or what if you just don't have the time?

No problem. Complete Payroll offers solutions to help you with the compliance aspects of the New York State Sexual Harassment Prevention Law.

Policy & Training

Complete Payoll can provide you with custom, fully-compliant policy notices and a training video with your company's logo and information. This training video will be customized with your company information and is fully-compliant with the 2018 New York State sexual harassment prevention training standards. The cost of this policy and training package is $500.

HR Support

Complete Payroll's HR On-Demand service offers access to exclusive, industry-leading HR tools and resources, including unlimited access to certified HR pros who can answer your questions about any HR-related matter, including the NYS Sexual Harassment Prevention Law. The cost of this subscription is $75 per month.

Live Web Training + Policy & Training

This is the ideal option if you know you don't have time and you're not comfortable with administering the sexual harassment prevention training. Starting at $1,900, Complete Payroll can provide you with customized live, virtual training for your employees. This solution also includes Complete Payroll's fully-compliant training video and policy notices for each of your employees.

Download our employer compliance checklist.

Requirements Overview

Here's a quick overview of the requirements all employers must meet under the New York State Sexual Harassment Prevention Law.

Employer Overview

Policy

Employee's Complaint Form

Training

Posting (Optional)

Overview

New York State has issued new requirements designed to prevent sexual harassment in the workplace. The key components of the law are as follows:

Employers must establish a formal sexual harassment prevention policy and share it with all employees.
The policy must also include and share a complaint form with employees that can be used to file formal sexual harassment complaints.
Employers must also provide mandatory sexual harassment prevention training to all employees on an annual basis.

1. Sexual Harassment Prevention Policy

Every employer in New York State is required to adopt a formal sexual harassment prevention policy by October 9, 2018, according to the new law. In consultation with the Division of Human Rights, the New York State Department of Labor has established a model sexual harassment prevention policy for employers to adopt.

Employers may also choose to adopt their own policy, provided it meets or exceeds the minimum standards of the model policy issued by New York State.

2. Sexual Harassment Complaint Form

New York State also requires the sexual harassment prevention policy to include a formal complaint form that must be shared with all employees by October 9, 2018. If an employee believes they have become a victim of sexual harassment in the workplace, the are encouraged to complete this form. Even if the employee reports the sexual harassment verbally or through another manner, employers are still required to complete the complaint form on the employee's behalf.

New York State has not released any minimum guidelines for the complaint form, which leads us to believe - unlike for the policy and training requirements - employers must use the formal complaint form issued by the state and therefore may not adopt their own version of it.

3. Sexual Harassment Prevention Training

Additionally, all employers in New York State are required to provide mandatory sexual harassment prevention training to all employees on an annual basis, effective October 9, 2019. Just like the model policy and complaint form, New York State has also released a sexual harassment prevention training model.

Employers may also choose to implement their own annual sexual harassment prevention training, provided it meets or exceeds the minimum standards developed by the New York State Department of Labor and Division of Human Rights.

Basic Requirements

Every employer in New York State is required to adopt a sexual harassment prevention policy and share it with all employees by October 9, 2018. There are two ways to accomplish this:

Employers may simply use the model policy issued by New York State.
Or, employers may adopt their own sexual harassment prevention policy, provided it meets or exceeds the minimum standards established by New York State.

We've outlined how employers can do each below.

Using the Model Policy

In consultation with the Division of Human Rights, the New York State Department of Labor has established a model sexual harassment prevention policy for employers to adopt. Using this policy would ensure compliance for this specific component of the law.

Developing Your Own Policy - Minimum Standards

As previously stated, employers may adopt their own sexual harassment prevention policy, provided it meets or exceeds the minimum standards established by New York State.

According to the minimum standards issued by New York State, the sexual harassment prevention policy must:

prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights.
provide examples of prohibited conduct that would constitute unlawful sexual harassment.
include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws.
include a complaint form.
include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties.
inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially.
clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.
clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful.

Poster Notice - Recommended

New York State has also given employers an added ability to direct both employees and non-employees to their sexual harassment prevention policy through a labor law notice. This poster, which is an optional tool, should be displayed in a highly visible area within the workplace, likely next to wherever your current labor law poster(s) are displayed.

You can download the sexual harassment prevention policy poster notice here.

Download and Use the Complaint Form

About the Employee Training Requirements

All employers in New York State are required to provide mandatory sexual harassment prevention training to all employees on an annual basis, effective October 9, 2019. Just like the model policy and complaint form, New York State has also released a sexual harassment prevention training model.

Using the Model Training

ask questions of employees as part of the program;
accommodate questions asked by employees, with answers provided in a timely manner;
or require feedback from employees about the training and the materials presented.

Sexual Harassment Prevention Training Presentation Slide Decks

New York State has also provided presentation slide decks - in both PDF and PowerPoint formats - for employers that choose to administer the training themselves. It is important to note that these presentation decks alone are not enough to satisfy the training requirements. Before administering the sexual harassment prevention training with employees, employers must read the model training guidelines (above) to ensure the training sessions themselves meet the standards required by New York State.

Conducting Your Own Training - Minimum Standards

As previously stated, employers may conduct their own sexual harassment prevention training, provided it meets or exceeds the minimum standards established by New York State.

According to the minimum standards issued by New York State, the sexual harassment prevention training must:

be interactive.
include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights.
include examples of conduct that would constitute unlawful sexual harassment .
include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.
include information concerning employees’ rights of redress and all available forums for adjudicating complaints.
include information addressing conduct by supervisors and any additional responsibilities for such supervisors.

Each employee must receive training on an annual basis, starting October 9, 2018.

Labor Law Posting (Optional)

NYS Sexual Harassment Prevention Policy - Complete Payroll

1. Sharing the Policy with Your Employees

Employers can use this model policy template to share with all of their employees. If you want to develop your own company policy, it must meet or exceed these minimum standards as provided by New York State. OR, Complete Payoll can provide you with custom, fully-compliant policy notices for each of your employees. The cost for this service is $75 plus $1 per employee.

NYS Sexual Harassment Prevention Complaint Form - Complete Payroll

2. Sharing the Complaint Form with Your Employees

Employers can use this complaint form to share with all of their employees. This is the state-compliant form employees can use if they ever need to file a sexual harassment complaint.

NYS Sexual Harassment Prevention Training - Complete Payroll

3. Providing the Required Training to All Employees

Employers can read these model training instructions. Then they can use this model training slide deck when actually administering the sexual harassment prevention training with all of their employees. OR, Complete Payroll can provide you with a custom training video ($500) or end-to-end compliance solution that includes live, web-based training ($1,900).

Frequently Asked Questions

Browse the answers to frequently asked questions about the policy, training and general employer matters. We sourced these questions and answers directly from the New York State website here.

How can employers provide their policy to employees?

Is there any employer responsibility to train third-party vendors or other non-employees who interact one-time or regularly in an office located in New York State?

What should I do if a temporary employee is being harassed by an employee of another company?

What policy, if any, must be provided to contractors, subcontractors, vendors and consultants?

If an employer already has established investigative procedures which are similar, but not identical to those provided in the model, can the employer deviate from these specific requirements and remain compliant with the law?

Does the complaint form need to be included, in full, in the policy?

Who is considered an Employee for the training requirement? And when does the training need to be completed?

How often must employees receive sexual harassment training?

How soon do new employees need to be trained?

If an employer has previously provided training that meets or exceeds the requirements, must employees be retrained?

Is there a minimum number of training hours employees must complete each year?

What are the obligations of employment agencies? What about employees who received the same training from another employer within the past year?

I am an employer based in New York State but also have employees who only work in other states. Do they need to be trained as well?

Are minor employees (e.g., child actors) required to take sexual harassment training?

What does “interactive training” mean?

Is a live trainer required and does a trainer need to have a certification?

May I use a third-party vendor to provide training? How do I ensure it meets the standards?

Are there different training requirements for employees in managerial/supervisory roles?

What happens if some employees fail to take the training despite an employer’s best efforts to make it available, and to require everyone to take it?

Are businesses required to pay workers for the time spent in training, for instance, during the onboarding process before their actual assignment begins?

How does the Sexual Harassment Prevention training time impact the Hospitality Wage Order’s 80/20 rule?

Are sections in the model training materials that are not expressly required in the law mandatory?

What type of records must employers maintain to verify compliance?

Does this law apply to New York City employers?

Will the mandated New York City training meet the training requirements of the New York State Law?

Am I required to provide the policy and training in languages other than English?

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Contact Us

Before you sign any contracts, we recommend first familiarizing yourself with the law, how it works and all of the free resources New York State has already made available to its employers.

If you have any questions about the law, or would like help with any of the compliance measures (policy, complaint form, training, etc.) please use the form to get in touch with us.

NYS Sexual Harassment Prevention Compliance

An employer's guide to the law, how it works and what resources are available to them to install processes that ensure compliance.

Compliance is Easier Than You Might Think

Option 1: Do it by yourself, for free.

Policy

Employee Complaint Form

Training

Labor Law Posting (Optional)

Option 2: Manage it yourself, but with some paid support.

Policy & Training

HR Support

Live Web Training + Policy & Training

Download our employer compliance checklist.

Requirements Overview

Employer Overview

Policy

Employee's Complaint Form

Training

Posting (Optional)

Overview

1. Sexual Harassment Prevention Policy

2. Sexual Harassment Complaint Form

3. Sexual Harassment Prevention Training

Basic Requirements

Using the Model Policy

Developing Your Own Policy - Minimum Standards

Poster Notice - Recommended

Download and Use the Complaint Form

About the Employee Training Requirements

Using the Model Training

Sexual Harassment Prevention Training Presentation Slide Decks

Conducting Your Own Training - Minimum Standards

Labor Law Posting (Optional)

1. Sharing the Policy with Your Employees

2. Sharing the Complaint Form with Your Employees

3. Providing the Required Training to All Employees

Frequently Asked Questions

How can employers provide their policy to employees?

Is there any employer responsibility to train third-party vendors or other non-employees who interact one-time or regularly in an office located in New York State?

What should I do if a temporary employee is being harassed by an employee of another company?

What policy, if any, must be provided to contractors, subcontractors, vendors and consultants?

If an employer already has established investigative procedures which are similar, but not identical to those provided in the model, can the employer deviate from these specific requirements and remain compliant with the law?

Does the complaint form need to be included, in full, in the policy?

Who is considered an Employee for the training requirement? And when does the training need to be completed?

How often must employees receive sexual harassment training?

How soon do new employees need to be trained?

If an employer has previously provided training that meets or exceeds the requirements, must employees be retrained?

Is there a minimum number of training hours employees must complete each year?

What are the obligations of employment agencies? What about employees who received the same training from another employer within the past year?

I am an employer based in New York State but also have employees who only work in other states. Do they need to be trained as well?

Are minor employees (e.g., child actors) required to take sexual harassment training?

What does “interactive training” mean?

Is a live trainer required and does a trainer need to have a certification?

May I use a third-party vendor to provide training? How do I ensure it meets the standards?

Are there different training requirements for employees in managerial/supervisory roles?

What happens if some employees fail to take the training despite an employer’s best efforts to make it available, and to require everyone to take it?

Are businesses required to pay workers for the time spent in training, for instance, during the onboarding process before their actual assignment begins?

How does the Sexual Harassment Prevention training time impact the Hospitality Wage Order’s 80/20 rule?

Are sections in the model training materials that are not expressly required in the law mandatory?

What type of records must employers maintain to verify compliance?

Does this law apply to New York City employers?

Will the mandated New York City training meet the training requirements of the New York State Law?

Am I required to provide the policy and training in languages other than English?

I have been working with Lacy Smart and her team for the last few years. I have been impressed by her responsiveness, accuracy, and high level of providing client satisfaction. She and her team are a wonderful testament to the organization!

Ashley from Complete Payroll has always been helpful. It seems that whenever we have a challenge, Ashley is there to help us through and does it well. Her customer service skills are excellent.

My experience with Complete Payroll has been exceptional. I was a novice to payroll so my learning curve was big. Andrea is wonderful helping me navigate payroll and not just fixing my errors but explaining what I did or did not do.

We very much appreciate the quick service. If I need a special report it arrives via email within one business day, if not that day.

Complete Payroll is a great payroll company, and we love Lacey! She always has the answers to my questions without hesitation. There is very little (if any) wait time to get a call back.

The first suggestion I made after I joined Shear Ego was that if they were not yet using Complete Payroll, they should be. We continue to be impressed and happy with the quality and friendliness of service, and the excellent newsletters and up-to-date information on all things payroll and HR.

We moved to Complete Payroll about 3 years ago. It was seamless and working with Lacy Smart on Mondays is a breeze.

Complete Payroll fits my budget, I never get bounced around between customer service reps, and it's very easy to enter my payroll. I simply take a photo of my payroll sheet and email it to my rep. There's never a problem! With them, it's business done, and business done right.

I just love Lindsay! She does an awesome job! She is very responsive and I like that she teaches me how to find things rather than just doing it for me.

We have been with Complete Payroll for quite awhile now and plan on staying. Thanks!

We have been well served by Complete Payroll. When we have needed support, it was given both in payroll and other employee matters, like handbooks.

It has been great working with everyone from Complete payroll. Everyone through the years have always been great. They take your phone calls every time, and always go above and beyond what you need. We have been customers for years and will continue for years.

I have worked with many payroll companies throughout my career and Complete Payroll surpasses them all in personalized service. My CSR is Andrea and I have always received assistance in a timely manner. Keep up the great job!

Complete Payroll has, by far, been the easiest and friendliest company we have ever worked with. They are quick to respond to any questions I am having, and they also have a great pricing structure.

The attention to detail in the customer experience and the consistent friendliness of the Complete Payroll team really make the difference. Liz, Mona, LeeAnne, Brandi, and Lacy have all been great to work with.

We have been in business for 70 years and have dealt with A LOT of other payroll companies! Complete Payroll is by far the best we have worked with! Ashlee Adams is my CSR and she is absolutely the BEST! Always makes time for me and very patient with any question that I may have!

We have been customers for many years. Evolution Software is easy to use but, more importantly, Cindy is an email away and her knowledgeable, efficient, and quick to replies to our questions are appreciated. We're very happy with Complete Payroll.