New York City employers were given some clarity this week regarding their obligations under the City’s Stop Sexual Harassment Act, as the New York City Commission on Human Rights released new FAQs about the law (found here). These FAQs touch on training and posting requirements that all employers should be aware of.
The FAQs provide guidance on the types of employees and workers that employers must train. Specifically, the FAQs state that employers must train any employee who works 80 hours or more and works at least 90 days in a calendar year (so the training will cover a large number of part-time and short-term employees). Additionally, employers must also train independent contractors who meet these same working time requirements. However, employers will not have to train independent contractors who have received annual training elsewhere. Regardless, independent contractors will count toward the total number of employees for determining whether the employer has 15 employees, triggering the mandate to provide training.
Beginning in October 2019, New York employers will have to train all covered employees and independent contractors (who do not receive training elsewhere) once every calendar year. The City Commission explained that it is working with the New York State Division of Human Rights to release a training module that will meet the requirements of both the City law and the recently enacted State law. The employer will have to maintain proof of training documents for three years, including employee acknowledgments.