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A07864 Summary:

BILL NOA07864
 
SAME ASSAME AS S02788
 
SPONSORSimon
 
COSPNSRJacobson
 
MLTSPNSR
 
Amd §201-g, Lab L
 
Requires employers to submit an affirmative acknowledgement of implementing a sexual harassment prevention policy which meets or exceeds the minimum standards upon the completion of the employer's annual training or the training of a newly hired employee.
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A07864 Actions:

BILL NOA07864
 
07/07/2023referred to labor
01/03/2024referred to labor
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A07864 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7864
 
SPONSOR: Simon
  TITLE OF BILL: An act to amend the labor law, in relation to requiring employers to submit an affirmative acknowledgement of implementing a sexual harass- ment prevention policy which meets or exceeds the minimum standards   PURPOSE: To mandate that the Department of Labor develop policies that require employers to affirmatively acknowledge to the Department of Labor that they have met or exceeded the sexual harassment prevention policy mini- mum standards established in 2018.   SUMMARY OF PROVISIONS: Section 1: Amends's subdivision 3 of section 201-g of the Labor Law to require the Department of Labor, in consultation with the division of human rights, to create and implement a system for every employer to affirmatively acknowledge that the employer has met or exceeded the sexual harassment prevention policy minimum standards required by this section, as revised in 2018. Section 2: Effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:   JUSTIFICATION: Section 201-9 of the Labor Law requires that every employer utilize the model sexual harassment prevention program created by the Department of Labor (or establish a training program for employees to prevent sexual harassment that equals or exceeds the minimum standards provided by the model program standards). Employers are responsible for delivering this sexual harassment prevention training to all their employees on an annu- al basis. Despite this requirement, however, a joint Senate-Assembly hearing on sexual harassment in the workplace held in February 2019, revealed that the DOI, has not taken steps to ensure that employers are actually complying with this requirement. As such, mandating that the DOL require employers to certify that they are implementing an anti-sexual harass- ment program that meets DOL standards is an important next step to finally cracking down on the scourge of workplace sexual harassment in New York.   LEGISLATIVE HISTORY: 2021-2022: A2423 (Niou)S1841 (Skoufis) -referred to labor 2019-2020: A8075(Niou)/S4845(Skoufis) - referred to labor / referred to labor   FISCAL IMPLICATIONS: minimal   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law
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A07864 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7864
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 7, 2023
                                       ___________
 
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Labor
 
        AN ACT to amend the labor law, in relation  to  requiring  employers  to
          submit an affirmative acknowledgement of implementing a sexual harass-
          ment prevention policy which meets or exceeds the minimum standards

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 201-g of the labor law,  as  added
     2  by  section 1 of subpart E of part KK of chapter 57 of the laws of 2018,
     3  is amended to read as follows:
     4    3. a. The department shall consult with the division of  human  rights
     5  to  create a system for every employer to affirmatively acknowledge that
     6  the employer has met or exceeded the sexual harassment prevention policy
     7  minimum standards required by this section and the  regulations  promul-
     8  gated by the commissioner in accordance with this section.
     9    b.  Each  employer  shall  submit  to  the  department  an affirmative
    10  acknowledgement that the employer has met or exceeded the sexual harass-
    11  ment prevention policy minimum standards required by  this  section  and
    12  the  regulations promulgated by the commissioner in accordance with this
    13  section upon the completion of the employer's annual  sexual  harassment
    14  prevention  training  and  upon  the completion of the sexual harassment
    15  prevention training if any person  newly  hired  by  the  employer.  The
    16  employer  shall use the system created by the department under paragraph
    17  a  of  this  subdivision  to  submit  the  affirmative  acknowledgements
    18  required by this paragraph.
    19    4.  The  commissioner [may] shall promulgate regulations [as he or she
    20  deems necessary] for the purposes of carrying out the provisions of this
    21  section.
    22    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    23  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05827-01-3
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