By now, our readers are aware that New York State and City law require annual workplace sexual harassment prevention training. The State law requiring such training took effect last October, and mandates that employers complete the initial training by October 9, 2019. The separate City law became effective just a few weeks ago, on April 1. It requires that covered employers – meaning businesses with 15 or more employees in NYC – comply with the City-specific training requirements by year-end.
In conjunction with the rollout of the City law, the NYC Commission on Human Rights (NYCCHR), the agency tasked with administering the law, issued a series of FAQs to help employers navigate their new training-related obligations. The FAQs – which are not binding law, but do suggest how the NYCCHR will interpret and enforce the law – provide valuable insight. Consistent with the NYC Human Rights Law’s (NYCHRL) definition of “employee,” for instance, the FAQs note that “[a]n employer is required to train independent contractors who have performed work in the furtherance of the business for more than 90 days and more than 80 hours in a calendar year.” As the NYCCHR explains, “independent contractors – regardless of the number of days or hours they work – are considered employees for the purposes of determining whether an employer is obligated to provide the annual sexual harassment training.”Continue Reading Are non-NYC employees subject to the City’s new sexual harassment prevention training law?