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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
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:
New York State has issued new requirements designed to prevent sexual harassment in the workplace. The key components of the law are as follows:
And the State has already developed resources for employers to administer the compliance procedures required by the law on their own.
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.
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.
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:
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.
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.
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.
Complete
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.
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.
Here's a quick overview of the requirements all employers must meet under the New York State Sexual Harassment Prevention Law.
New York State has issued new requirements designed to prevent sexual harassment in the workplace. The key components of the law are as follows:
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.
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.
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.
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:
We've outlined how employers can do each below.
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.
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
inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially.
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.
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.
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.
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.
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:
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.
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.
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
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.
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.
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
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.
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).
Browse the answers to frequently asked questions about the policy, training and general
Employers must provide employees with their policy in writing or electronically. If a copy is made available on a work computer, workers must be able to print a copy for their own records.
No. However, posting a copy of your policy in an area that is highly visible further communicates your effort as a responsible employer.
In such circumstances, you should inform both the company and the temporary employee’s firm. However, if you are able to take action in order to prevent or end such harassment you should do so, as outlined in the policy.
Employers do not have to provide any policy to independent contractors, vendors or consultants as such individuals are not employees of the employer. However, the State Human Rights Law imposes liability on the employer for their actions, and you are encouraged to provide the policy and training to anyone providing services in the workplace.
Yes. But the investigative procedures that the employer will be using should be outlined in the employer’s policy.
No. Employers should, however, be clear about where the form may be found, for example, on a company’s internal website.
“Employee” includes all workers, regardless of immigration status.
Employees must be trained at least once per year. In subsequent years, this may be based on the calendar year, the anniversary of each employee’s start date, or any other date the employer chooses.
As employers may be liable for the actions of employees immediately upon hire, the State encourages training as soon as possible. Employers should distribute the policy to employees prior to commencing work and should have it posted.
Employees must receive training on an annual basis. If employees have already received training this year, but it did NOT meet all new requirements, employers need only provide supplemental training to ensure all requirements are met.
No, as long as they receive training that meets or exceeds the minimum standards.
The law requires that employers provide a sexual harassment prevention policy and training on an annual basis to all employees. An employer may choose to deem the training requirement satisfied if a new employee can verify completion through a previous employer or through a temporary help firm.
An agency or any other worker organization (e.g. labor union) may choose to provide training to workers, however, the employer may still be liable for the employee’s conduct and understanding of policies and should train the employee on any nuances and processes specific to the company or industry.
No. Only employees who work or will work in New York State need to be trained. However, if an individual works a portion of their time in New York State, even if they’re based in another state, they must be trained.
Yes. However, those employing children under the age of 14 may opt to simplify the training and policy while still meeting the minimum requirements.
New York State law requires all sexual harassment training to be interactive. Training may be online, so long as it is interactive. Examples of employee participation include:
Any one of the above examples would meet the minimum requirement for being interactive. An individual watching a training video or reading a document only, with no feedback mechanism or interaction, would NOT be considered interactive.
While a best practice for effective and engaging trainings, a live trainer is not specifically required. Live trainers may appear in person or via phone, video conference, etc. No certification is required and the State does not currently certify or license training providers.
You may use a third-party vendor or organization, or deliver the training by existing employees or managers. You should review any third-party training to ensure it meets or exceeds the minimum standards required under the law.
Employers must make managers and supervisors as well as all employees aware of the extra requirements for those in managerial/supervisory roles. The model training does address the additional requirements, and employers may choose to provide additional or separate training to supervisors and managers.
Employers are required to ensure that all employees receive training on an annual basis. Employers may take appropriate administrative remedies to ensure compliance.
Employers must follow federal regulations (see e.g., 29 CFR 785.27-785.32), which generally require that employer-provided training time is counted as regular work hours.
Like other mandatory trainings, this does not impact the percentage in the Order and should be treated in line with other employer trainings. It should be either added in line with the existing proportion or training hours should be excluded from the 80/20 calculation.
No, but they are strongly recommended. In addition, employers are encouraged to exceed the minimum training requirements.
No signed acknowledgment of having read the policy is required, but employers are encouraged to keep a signed acknowledgment and to keep a copy of training records. These records may be helpful in addressing any future complaints or lawsuits.
Yes. It applies to all employers in New York State, including New York City.
The New York City Commission on Human Rights is partnered with the New York State Division of Human Rights and the New York State Department of Labor so NYC-based employers can meet compliance with both the New York State and New York City training requirements by using the online training provided by the New York City Commission on Human Rights. New York City's online training is available here.
Yes. Employers should provide employees with training in the language spoken by their employees. Model materials will be translated in accordance with Executive Order 26, Statewide Language Access Policy. When a template training is not available from the State in an employee’s primary language, the employer may provide that employee an English-language version. However, as employers may be held liable for the conduct of all of their employees, employers are strongly encouraged to provide a policy and training in the language spoken by the employee.
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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
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