New Mandatory NY State Laws

New Mandatory NY State Laws


Sally Truglia

9/17/2018

NEW YORK MANDATORY TRAINING LAW

New York State and New York City have passed new legislation that mandates training and prevention of sexual harassment in all New York workplaces. All New York employers, including churches, are required to implement policies, procedures and training to enforce the new Combating Sexual Harassment Law.
 
There are several provisions which do not apply to our churches and affiliated organizations.  These include:  state contracts and bidding, mandatory arbitration, and reimbursement of public funds. 
Two provisions that ARE applicable to us:

  1. Prevention of sexual harassment: All New York employers are required to adopt and establish a prevention policy which meets or exceeds the State standards.  There are no exemptions to this law for churches and clergy.
  2. Harassment relating to non-employees: Employers may not permit sexual harassment of a non-employee or contractor in their workplace.

The law required the State to create and publish a model Sexual Harassment Policy and Prevention Guide, including a Model Sexual Harassment Policy, Complaint Form, Training Requirements and Frequently Asked Questions.

PLEASE NOTE: The model Sexual Harassment Policy & Guidescan be used as a template for your organization’s policy.
 

NEW YORK STATE LAW

  • All employees must receive training annually and receive a written copy of the approved policy
  • Existing employees must receive training between October 1, 2018 - January 1, 2019 
  • New employees - must be trained within 30 days of hire date
  • Use the draft Sexual Harassment Training Manual prepared by the State to lead training sessions
  • New York State passed legislation to mandate training and prevention in ALL New York workplaces

RESOURCE: draft Sexual Harassment Training Manual

 

NEW YORK CITY LAW

  • All employees must receive training annually and receive the provided fact sheet
  • Existing employees must receive policy, notices and fact sheet before April 2019        
  • A written policy must be put in place (if needed, use the Model Policy provided by the State)
  • Anti-sexual harassment rights and responsibility notices in English and Spanish must be displayed
  • All employees must receive a fact sheet now AND at the time of hire
  • New York City also passed “Stop Sexual Harassment Act” for workplaces of 15 employees

RESOURCE: Notices and Fact Sheet in English and Spanish

 

COMPLIANCE CHECKLIST

  • Complete New York State training of all employees between Oct 9, 2018 – Jan 1, 2019
  • Ensure a written policy is put in place
  • Anti-sexual harassment rights and responsibility notices in English & Spanish must be displayed
  • All employees must receive a fact sheet now AND at the time of hire
  • Employers MUST keep record of completed training and compliance for each step above


OPTIONAL:
The NYAC Personnel Committee developed an optional Local Church Personnel ManualIf you do not currently have an employee manual, your church can copy and edit the template to suit the needs of your organization and include the NY language sited above.