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    NY Harassment Law

    Effective October 9, 2018, all employers were required to have a NYS compliant sexual harassment policy.  In the process of writing yours, don't forget that the US EEOC suggests that employers have a policy that is compliant with their guidelines (i.e. including protected classes).  

     

    NYS requires that training is to be completed for all employees no later than October 9, 2019.  

    Effective October 11, 2019 , NYS law will include certain protected classes; similar to the EEOC.  They have also made some additional changes to the definitions of things like "hostile environment".  The severe and pervasive standard no longer applies.  Other changes include that ANY form of unlawful discrimination against non-employees is prohibited.  In  other words, you cannot discriminate against vendors, consultants, and other contractors based on any protected class.

    Rounding of Hours Worked

    The US Department of Labor, Wage and Hour Division, periodically issues formal opinions of questions posed to them by employers.  In a recent opinion letter, they addressed the rounding of hours for employee time worked.  They stated that it is acceptable for employers to round hours providing that doing so "will not result, over a period of time, in failure to compensate the employee for all the time they have actually worked".  In other words, if rounding is unfavorable over a period of time to the employee, you can't round.  New York State's guidance on this practice has been inconsistent.  I have seen opinions from them that you can follow the US Department of Labor's guidelines.  I have also heard directly from them that you have to pay to the minute worked.  Bottom line with NYS is that it all depends on the investigator...sad but true.