Both New York State and New York City lawmakers have had a busy year so far, enacting a host of employment laws that impose new and significant responsibilities on covered employers. Below is a summary of the major laws enacted since April 2018, many of which are already in effect and others that will become effective later this year or by April 2019.
Note: In addition to linking to the texts of the new statutes, we have provided links to Epstein Becker Green Act Now Advisories containing detailed analyses of these laws.
|
New York Jurisdiction |
Statute |
Subject |
Summary |
Action Item |
Effective Date |
|
State |
Expansion of Covered Workers Permitted to Bring Harassment Claims |
Employers may be liable for sexual harassment claims by contractors, subcontractors, vendors, consultants, or other non-employees providing services to the employer. |
Consider an anti-harassment policy for non-employees. |
April 12, 2018 |
|
|
City |
Safe and Sick Time Law: New York City Publishes Revised Notice of Employee Rights |
Revised Sick Time Law |
Employers must now permit employees to use sick and safe time for various reasons related to the fact that the employee or a family member has been the victim of a sexual offense. |
Revise policy to amend the reasons for use and the family members covered. Send updated noticeto current employees by June 4; provide new notice to onboarding employees. |
May 5, 2018 June 4, 2018 |
|
City |
Statute of Limitations |
Individuals now have 3 years (previously 1 year) to file an administrative charge of gender-based harassment with the Commission on Human Rights. Note: The statute of limitations for filing a lawsuit under the New York City Human Rights Law (“NYCHRL”) is still 3 years. |
N/A |
May 9, 2018 |
|
|
City |
Expanded Liability |
Employers of all sizes are now subject to potential sexual harassment liability under the NYCHRL. |
N/A |
May 9, 2018 |
|
|
State |
Mandatory Pre-Dispute Arbitration Clauses |
Employers may no longer incorporate pre-dispute arbitration clauses in written employment contracts requiring the final and binding resolution of allegations or claims of an unlawful discrimination practice for sexual harassment. |
Review and consider modifying current mandatory arbitration policy. |
July 11, 2018 |
|
|
State |
Nondisclosure Agreements |
Employers may no longer include nondisclosure clauses in settlements, agreements, or other resolutions of sexual harassment claims unlessthe condition of confidentiality is the complainant’s preference. |
Review and consider modifying settlement and separation agreements. |
July 11, 2018 |
|
|
City |
New York City Gives Employees the Right to Change Work Schedules Temporarily for “Personal Events” |
Temporary Schedule |
Employers must provide employees with up to 2 temporary schedule changes (or permission to take unpaid time off) per calendar year due to a “personal event.” |
Create a policy advising employees of right to time off. |
July 18, 2018 |
|
City |
Sexual Harassment Poster |
All employers must post a sexual harassment rights and responsibilities poster in English, Spanish, and other languages, as applicable. |
Post notice (not yet available from the New York City Commission on Human Rights (“NYCCHR”)website). |
September 6, 2018 |
|
|
City |
Sexual Harassment Info Sheet |
Employers must provide new hires with an information sheet on sexual harassment. |
Provide a copy of the information sheet (not yet available from the NYCCHR website) to new hires. |
September 6, 2018 |
|
|
State |
Sexual Harassment Training |
Employers must provide annual training to employees that meets or exceeds the state’s model training program.* |
Create a training program that includes:
|
October 9, 2018 |
|
|
State |
Sexual Harassment Policy |
Employers must maintain a written sexual harassment policy that meets or exceeds the state’s model sexual harassment policy. |
Create a policy that:
|
October 9, 2018 |
|
|
City |
New York City Employers Will Be Required to Engage in Reasonable Accommodations Dialogue |
Reasonable Accommodations Dialogue |
Employers must engage in cooperative dialogue within a reasonable time frame with a reasonable person who has requested accommodation related to:
|
Revise any current reasonable accommodation policy to ensure that it covers all recognized categories and mentions the interactive process or “cooperative dialogue.” Train human resources personnel and managers on required responses to accommodation requests. |
October 15, 2018 |
|
City |
Sexual Harassment Training |
Employers with 15 or more employees must conduct annual, interactive training on sexual harassment for all full-time and part-time employees (including interns) who work more than 80 hours in a calendar year in New York City. |
Create an interactive training program that includes:
|
April 1, 2019 |
For more information about this Advisory, please contact:
|
Susan Gross Sholinsky |
Dean L. Silverberg |
Nancy Gunzenhauser Popper |
* New York City imposes additional sexual harassment training requirements, explained separately in the chart above. Employers operating in New York City should ensure that their training and frequency of training adhere to both New York State and City laws.
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