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The Clock Is Ticking: Less Than Three Months Until the NYS Deadline for Mandatory Sexual Harassment Prevention Training

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 scriptslides, 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.

© 2019 Proskauer Rose LLP.

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About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

212.969.3132
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304