Parties are still free to include such provisions in agreements for other issues that do not involve sexual harassment and are not otherwise prohibited by any other law. A statement that sexual harassment is also a form of unlawful discrimination under state and federal law. Employers who have not held compliant sexual harassment training for all their New York employees in will need to do so by January 1, Specifically, the draft guidance stated that new employees must complete their sexual harassment training within 30 calendar days of their start date. An explanation of sexual harassment consistent with guidance issued by the NY DOL, including examples of conduct that would constitute unlawful sexual harassment.
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Providing Developments & Insight on Trending Topics in Employment Law

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Lessons From Changes to New York State’s Sexual Harassment Laws

Reimbursement of funds paid by state agencies and entities for sexual harassment claims. Employees who start employment after January 1, , must receive sexual harassment prevention training within 30 calendar days of hire. Four new California laws that aim to combat sexual harassment in the workplace will take effect with the start of the new year. October 9, Deadline for Adopting Compliant Written Policy The October 9, deadline for New York State employers to adopt an anti-sexual harassment policy that complies with the new law is only days away. New York City has also recently enacted new laws designed to further prevent, and protect victims of, sexual harassment. Even those who are aware of the new laws are scrambling — and they must find the resources and time to deal with it, Cania says.
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Legislation on Sexual Harassment in the Legislature

Remember to review the tables above on the training obligations and training content requirements. In addition, employers may be wise to offer their harassment prevention training to non-employees, especially contractors, subcontractors, and consultants. She has defended employers and senior executives against claims of discrimination, harassment and retaliation as well as actions brought under the Fair Labor Standards Act, the New York Labor Law and the Family and Medical Leave Act. Model Sexual Harassment Prevention Policy. Tynes represents businesses in a variety of labor and employment matters, and advises employers in the litigation of employment disputes.
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Employers should also begin scheduling the requisite training for existing employees, and likely begin preparing to include such training in their onboarding protocol for new hires. I would recommend that you immediately review your contracts and remove any such arbitration clause regarding sexual harassment. Relates to legislators, relates to sexual harassment, relates to photographs, relates to confidentiality. Applies to all employees, not just supervisors. Requires state legislators who pay financial settlements in cases of certain sexual harassment claims using state or legislative funds to reimburse the state or legislature for the amount of the state or legislative funds awarded or paid to the victim. Jessica - HR Director on November 12, at
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New sexual harassment laws

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