Important Reminder to New York and Connecticut Employers
Amidst the challenges of the Covid-19 pandemic, New York and Connecticut employers must still comply with sexual harassment prevention training requirements under Connecticut, New York State and New York City law.
Which companies must provide training to their employees, and who must receive the training?
All employers must provide training to all employees who work or will work in New York State, even if the company has just one employee. Employers based in New York City that have 15 or more employees are also required to provide training to independent contractors who work for the employer for more than 80 hours and at least 90 days (which do not have to be consecutive) in a calendar year. If contractors are able to provide proof of completion of a compliant training in another workplace, they do not need to complete multiple trainings in a calendar year.
In Connecticut, although larger employers have had to provide sexual harassment prevention training to their supervisory employees in the past, the laws were changed under the “Time’s Up Act” enacted in 2019. Now employers in Connecticut with fewer than 50 employees must provide training so long as they have at least three or more employees, and it must be provided to both supervisory and non-supervisory employees alike. Employers with fewer than three employees need only provide training to supervisors who work in Connecticut.
When must employees receive the training?
Although the deadline by which Connecticut employers had to provide the training under the Time’s Up Act was originally October 1, 2020, it was extended to February 9, 2021 due to the Covid-19 pandemic. By Executive Order signed by Governor Lamont on February 8, 2021, the deadline has now been further extended to April 19, 2021. New hires must be provided training within 6 months of hire.
Employers in New York State and New York City have had to provide such training annually since 2018. Employers may calculate that time period based on the calendar year, the anniversary of each employee’s start date, or any other date the employer chooses.
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RPJ has long provided harassment and discrimination prevention and inclusivity training to our clients. RPJ also assists companies and organizations in drafting policies and postings that must be made available to employees under these various state and local laws and clarifies how to navigate discrimination and harassment in an increasingly remote work environment.
Due to the Covid-19 pandemic, we are currently offering our live online training sessions via Zoom. Our sessions are designed to satisfy the statutory legal requirements of New York State, New York City, Connecticut and California. RPJ’s engaging and interactive live online programs are led by attorneys of our firm, drawing on our unique perspective from decades of experience in the legal trenches of employment law, discrimination prevention and dispute resolution. Our attorneys also serve as the faculty for the “on demand” sexual harassment prevention training courses co-produced with AltaClaro, a leading provider of interactive online experiential training and legal education programs, which are similarly designed to satisfy the statutory training requirements.
To learn more about RPJ’s live trainings (in-person or on Zoom) or the on demand training courses, please visit our Training Programs page, or contact Deena R. Merlen directly by email at firstname.lastname@example.org or phone at 212-763-4160 (NY) or 203-653-4422 (CT).
This article is intended only as a general discussion of these issues. It is not considered to be legal advice or relied upon in regard to particular legal matters. If you seek assistance with a particular employment law or labor law matter, please contact RPJ Partner Deena R. Merlen to discuss.