As NFC previously reported, last year, New York State and New York City each enacted legislation regarding sexual harassment in the workplace. Among other things, both laws require that covered employers provide anti-harassment training to their employees, and each law imposes its own set of content requirements for these trainings. More specifically:

  • New York State employers (regardless of the size of their workforce) must deliver trainings that comply with the State’s content requirements by October 9, 2019. Notably, the State law requires that these trainings be “interactive.” (Given this requirement, in-person trainings are highly recommended, particularly for management employees.)

  • New York City employers must, of course, meet the State’s requirements. However, the City law requires that employers with 15 or more employees (inclusive of independent contractors) also provide training on additional, specific content requirements. Covered City employers have until December 31, 2019 to meet these requirements.

Given the timing of the New York and New York City laws, employers have the opportunity to deliver one training that meets both sets of requirements between now and October 9, 2019. 

Live training is also advisable for jurisdictions outside of New York and New York City, including New Jersey.
To assist employers in navigating the training requirements, which must be  interactive  and  legally complaint , NFC is offering instructor led training, provided by NFC's highly knowledgeable employment attorneys. Each training is customized to your organization and scheduled at your convenience.

  • On April 1, 2019, the City also released updated answers to Frequently Asked Questions about the training obligations, as well as a sample training presentation. Some important points for employers to know are:

  • Employers must train ALL employees who worked more than 80 hours and at least 90 days in a calendar year – this includes short-term employees and part-time employees who performed work in furtherance of the business;

  • Employers must train any employee based elsewhere who regularly interacts with other employees in New York City, even if they are not physically present in the City;

  • Employers must provide training in a way that is accessible to employees, taking into consideration disability and language barriers.

  • Both the State’s and City’s laws require that compliant trainings be delivered on an annual basis. For individual employees, fulfilling the annual training requirement can be based on the calendar year, anniversary of each employee’s start date, or any other date the employer chooses.

CLICK HERE for assistance with questions you may have about these important training requirements.
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