In the wake of the #MeToo Movement, New York, California and a number of other jurisdictions, both local and state, have passed new laws aimed at combatting sexual harassment in the workplace. The New York laws require written sexual harassment prevention policy, assurance that all current and new employees, and even applicants for employment, receive a copy of the policy, and mandate annual sexual harassment training for all employees. In addition, New York law now provides that employers can be liable for sexual harassment of nonemployees in the workplace, such as contractors, vendors and subcontractors. Recent legislation prohibits employers from using mandatory arbitration provisions in employment contracts or nondisclosure agreements except when this is the victim preference. Let me suggest that there are some important lessons to be learned from these laws.
Tom Godar
Tom advises employers on issues such as wage and hour claims, discrimination claims, confidentiality and noncompete agreements, independent contractor relationships, recruiting and retention, policy development, training and discipline. He represents clients before the National Labor Relations Board, the Wisconsin Employment Relations Commission, and other state and federal administrative agencies.
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