Deadline of October 9,to have all employees trained.
The Wait is Over: These include 1 a model sexual harassment prevention policy; 2 a model sexual harassment complaint form; 3 a model sexual harassment prevention training program; 4 minimum standards for employer sexual harassment prevention policies and trainings; and 5 a list of draft frequently asked questions FAQs on business writing training new york new requirements.
The NYSDOL also clarified certain issues regarding the non-disclosure agreement and arbitration limitations imposed by the new law.
The policy provides that employers should complete investigations within 30 days and use a standard complaint form. If an employee declines to complete the standard complaint form, the policy requires employers to prepare a complaint form based upon the oral reporting.
A list of all documents reviewed, along with a detailed summary of relevant documents; A list of names of those interviewed, along with a detailed summary of their statements; A timeline of events; A summary of prior relevant incidents, reported or unreported; and The final resolution of the complaint, together with any corrective actions action s.
Employers may notify the parties via email. The policy highlights that, aside from the internal process, employees may also choose to pursue legal remedies with the U. The policy sets forth detailed information regarding federal, state, and local laws, as well as various remedies and forums available to complainants.
Details about the complaint, including but not limited to, dates of the alleged incidents and names of witnesses. Voluntary questions regarding whether the complainant has complained before to any administrative agency or in court, and whether or not he or she is represented by an attorney.
Under the guidance, sexual harassment prevention policies must be posted prominently in all work locations and be provided to employees upon hiring.
Employers may provide their policy to employees electronically, but employees must be able to access the policy on a computer provided by the employer during work time and to print a copy for their records. Below are the key elements of these guidelines.
Who Must Receive Training? Under the FAQs, all employees who work in New York State for at least one day each calendar year including part-time, temporary, or transient employees must receive the training.
What Training Must Be Provided? The draft training script largely tracks the model sexual harassment prevention policy, and includes specific case studies to explain the kind of behaviors that can constitute sexual harassment.
Notably, the draft model training outlines instructions for employers, including, among other things, the following: The training should detail any internal process employees are encouraged to use to complain and include the contact information for the specific names and offices with which employees alleging harassment should file their complaints.
The model training should also be modified to reflect the work of the organization by including, for example, industry specific scenarios. Employers should provide employees with training in the language that is spoken by their employees.
When Must Training Be Provided? The draft FAQs clarify that all employees must complete the initial training by January 1, How Must Training Be Provided?
Sexual harassment prevention training must include employee participation. The FAQs describe employee participation to mean that the training may: However, the timing on the issuance of additional and finalized materials is currently unclear. Employers are required to conspicuously display the poster and provide the fact sheet to new employees at the time of hire.
There is no requirement that the fact sheet be distributed to all current employees, although employers may elect to do so. How Should Employers Prepare?
The requirements imposed by the model documents, guidelines, FAQs, and minimum standards described above will pose significant challenges to New York State and New York City employers. To prepare for these changes in New York laws, employers should consider reviewing their current practices; ensuring that their sexual harassment policies meet the minimum standards set forth in the new laws; adopting annual sexual harassment trainings that meet the minimum standards set forth in the new laws and preparing to deliver the New York State training to all employees by January 1, ; reviewing all employment agreements and separation or settlement agreements to ensure that any nondisclosure clauses meet the requirements of the new state law; monitoring and reviewing materials to be published by the NYSDOL, the NYSDHR and the NYCCHR to ensure compliance with final model policies and training programs; and training all employees involved with employee relations on the new requirements.**UPDATE: Both the New York state and city training requirements have been signed into law.
The state requirements go into effect on October 9, , and the city requirements go into effect on April 1, Online courses providing valuable job skills and training in social media, digital marketing, copywriting, copy editing, advertising, journalism, and more.
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