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Tuesdays - Bare Essentials - New York City Employers, Know You're In Compliance with Anti-Sexual Harassment Training

What is the New York City law requiring Anti-Sexual Harassment Training?

Under Local Law 96 of 2018, employers with 15 or more employees are required to conduct annual Anti-Sexual harassment training for ALL employees. New York State law is different and requires ALL employees even if only 1 employee to receive Anti-Sexual Harassment Training.

How does New York City law define who must receive Anti-Sexual Harassment trained?

All full-time employees

Short-term employees

Part-time employees including interns

Employees who work more than 80 hours in a calendar year AND a total of 90 days.

Employees not based in New York City but regularly interact with the other employees in New York City

Do independent contractors count in determining the 15 or more employees' requirements?

Yes, independent contractors are considered “Employees” for the 15-employee minimum

Do I need 15 employees in New York City to meet the 15 or more employees' requirements?

No. The 15 employees’ minimum is defined as ALL employer’s employees. For example, 1 employee in New York City and 25 employees in Europe. The employer is required to provide annual Anti-Sexual harassment training.

Do employers that are not based in New York City but have employees who will work more than 80 hours per calendar year and for at least 90 days need to provide New York City Anti-Sexual Harassment training?

Yes, if the employer has 15 or more employees.

How often must employees receive Anti-Sexual Harassment training?

Employees must be trained annually.

When must employees be Anti-Sexual Harassment trained?

  1. Effective April 2019, employers have one year to implement the training for all employees and must ensure all employees are trained annually thereafter.
  2. New employees hired after April 1, 2019 must receive the training within 90 days of their start date

 How long must Employers keep Anti-Sexual Harassment training records be kept?

Employers must keep a record of all trainings for a minimum of three (3) years confirming compliance with the Anti-Sexual Harassment requirement of the law. The records may be electronic or paper. Your account with TAP Series allows employers to access their employees training records 24/7. Training records must be available to the Commission up request. The records can be a TAP Series New York City Anti-Sexual Harassment Certificate of Completion or a signed employee acknowledgment.

How do employers comply with NYC Local Law 96(2018)?

The employer needs to confirm:

 All employees have been trained by December 31, 2019.

  1. The training at a minimum meets the standards required in NYC Local Law 96(2018).
  2. The training must be in the language understood by the employee.
  3. The training must be provided annually.
  4. Employers must provide Anti-Sexual Harassment training to employees and employees are compensated for their time training.
  5. New York City Human Rights Law makes it a violation to fail to ensure that employees receive annual Anti-Sexual Harassment training.
  6. The Commission has the right to inspect or investigate whether employers comply with New York City Human Rights Law

The materials and other information provided in this blog are made available for educational purposes only as well as to provide general information and a general understanding of the law. They are not intended to be, nor should they be construed as providing specific legal advice.

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