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BREAKING NEWS: New Laws on Sexual Harassment

In the wake of the #MeToo movement, both New York State and New York City have enacted new laws to stop sexual harassment. Key deadlines to be aware of are as follows:

September 6, 2018: New York City employers must display a "Stop Sexual Harassment Act Notice" and provide employees at the time of hire with a "Stop Sexual Harassment Act Fact Sheet." Both of these documents are accessible by clicking here and here. The Fact Sheet may also be included in an employer's handbooks.

October 9, 2018: Every New York State employer must provide anti-sexual harassment training on an annual basis. Employers can use either a training program created by the State or a program that equals or exceeds the State devised program. The State's draft model program provides that current employees must have this training by January 1, 2019. All new employees should complete this training within 30 days of their start date. In addition, the State will require employers to distribute the State's Anti-Harassment Policy to all employees. Employers may use a model policy that will be created by the State.

April 1, 2019: New York City will require employers with 15 or more employees to provide anti-sexual harassment training annually and to new employees within 90 days of hire. The City will create an interactive training program.

In addition to the foregoing, New York State has already enacted laws which limit the use of confidentiality provisions in settlement agreements that resolve sexual harassment claims. Moreover, new legislation provides that most employment agreements in New York State cannot require employees to submit claims for sexual harassment to mandatory arbitration.

Feel free to contact our offices for assistance in complying with the new City and State legislation.

Should you have any questions on this or other employment-related matters, please contact Mr. Kimler at 516.437.4385, x122, or akimler@vmmlegal.com.