Tag Archives: metropolitan risk

Metropolitan Risk is a risk management and insurance brokerage firm in Irvington that serves to help find insurance for small businesses in the tri-state area surrounding New York City. Met Risk is the fastest growing risk management and insurance brokerage in Westchester county and is well reviewed and received by many to all of its clients.

HR Challenges, OSHA, Other, Risk Management

COVID-19 Resource Guide for Employers

For our clients and the curious here is a great resource guide as you seek to build out your own programs and responses to the COVID 19 pandemic. We have been fielding a great many calls from companies looking to get ahead of this issue. We thought we would aggregate the information that is the most beneficial for valued stakeholders. Coronavirus (COVID-19) is an emerging challenge across the world for employers. We’ve gathered some materials to help you stay on top of employee concerns. Check here frequently for updates.

CDC Materials

In response to the COVID-19 outbreak, the U.S. Centers for Disease Control and Prevention (CDC) has issued:

The CDC has also created the following posters for download:

Keep up to date on CDC guidance for specific industries, latest updates, and resources on the Coronavirus Disease 2019 (COVID-19) main page.

DOL Materials

The U.S. Department of Labor (DOL) has created a resource page for workers and employers. The DOL’s Wage and Hour Division has posted these posters and guidance:

EEOC Materials

The U.S. Equal Employment Opportunity Commission (EEOC) has created a landing page entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which provides links to resources and guidance.

HHS Materials

In response to COVID-19, the Office of Civil Rights for the U.S. Department of Health and Human Services (HHS) issued a bulletin regarding HIPAA Privacy and COVID-19.

OSHA Materials

The U.S. Occupational Safety and Health Administration (OSHA) has created a COVID-19 website for workers and employers that addresses the disease and provides guidance and other resources for preventing exposure to and infection with the virus.

Topics covered include:

OSHA has also issued the publication Guidance on Preparing Workplaces for COVID-19.

NCCI Materials

Covid-19 and Workers’ Compensation: What You Need To Know

Small Business Administration Materials

The U.S. Small Business Administration has issued guidance entitled SBA Disaster Assistance in Response to the Coronavirus, explaining how the SBA is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the coronavirus. Also see Coronavirus (COVID-19): Small Business Guidance & Loan Resources.

ThinkHR Materials

New York State Guidelines

Department of Health

Department of Labor

Office of the Attorney General

HR Challenges

What Are The Employer Posting Requirements for NY State

A frequent question we get from NY State employers are what are the employer posting requirements for NY State. It’s important to update your employer postings, especially since the New York State Department of Labor is requiring a poster placed in a high trafficked area explaining and giving direction on your Sexual Harassment policy. For more information on the new Sexual Harassment policy for both New York City & New York State CLICK HERE.

Since we are updating our poster requirements here is the latest and greatest if you are a company located in New York State or have an office/employees employed in NY State. These are both the NY State & Federal posting requirements contingent on your industry. This posting is as of 10/5/2018.

New York Posting Requirements as of 10/5/2018 (Updated 5/19/2020):

Click here for the updated link to the posters. New York employers should display the following state posters in the workplace, in addition to the required federal posters:

New York State Department of Labor
Registration Subsection
State Office Building Campus
Albany, NY 12240-0339
Phone: (518) 485-8589
Fax: (518) 485-8010

 

These posters, as well as those required under federal law, are available for download from the New York Department of Labor.

Additional Employer Posting Requirements for New York State

Child Labor Laws

Employers must make a schedule for all minors employed by the employer and post it in a conspicuous place. The schedule sets forth the hours’ minors start and end work and time allotted for meals. The hours of work can be changed, as long as the changes are posted on the schedule. Minors may work only on the days and at the times posted on the schedule. If minors are present at other times or if no schedule is posted, it is a violation of the Child Labor Law.

Public Works/Prevailing Wage Rates

The current Prevailing Rate Schedule notice must be:

  • Posted in a prominent and accessible place on the site of the public work project.
  • Encased in, or constructed of, materials capable of withstanding adverse weather conditions.
  • Titled “PREVAILING RATE OF WAGES” in letters no smaller than 2 x 2 inches.

Local Jurisdictions

Important: Local jurisdictions in New York may have additional posting requirements. Employers should contact their particular local jurisdiction for specifics.

Some commonly requested posters for New York City employers include:

These are just some of the employer posting requirements for New York State

Construction Practice Group Content, Food & Beverage Practice Group Content, General Liability Insurance, Human Services Practice Group Content, Risk Management, Transportation Practice Group Content, Workers Compensation Insurance

7 Common Insurance Errors Businesses Make

We recently left a meeting with one of the largest construction companies in the country, whose sales are north of a billion dollars annually. The first comment my counterpart made was, “I cannot believe how poor their systems are…” I turned to him and gave him one of my favorite lines because it still rings true to me on a daily basis, “I’m always amazed, never surprised.” Universally, whether you are a billion dollar construction company, a small manufacturer, a non-profit, or a healthcare company, these are the flaws we see in (over 98%) the companies we are invited into. Here are 7 insurance errors commonly made by any and all types of companies.

1. Wrong Goal: 

Most companies set a goal of lowering their insurance spending every year. They see it as a tax. It’s an expense that doesn’t generate value. We suggest this goal is incorrect. Your claims history and risk-based costs drive your insurance costs; not your broker or the insurance carriers. 80% of an organizations costs are outside the cost of the insurance. Furthermore, the cost of your insurance program tends to be a lagging indicator, reset only once a year. Measuring, preventing, and managing your claims and claims-related costs should be the goal, not lowering your insurance cost. If you can demonstrate to the insurance marketplace that your company is historically profitable (claims to premium ratio) then you will have carriers competing for your business, which will, in turn, lower your costs.

Wrong Goal

2. Insufficient Resources for the Goal:

The best companies at least have a safety budget. Many, sadly, don’t even have that. If you want your arms around your biggest cost drivers, you need to dedicate resources towards the solution. We suggest that you start by setting a Risk Budget, not just a safety budget. It’s helpful if you know how much money you’re leaking due to claims. Having this Risk/Reward context will help you sell your budget number to management. Moreover, if you have solid systems (see 4), you can leverage those systems to bring in other resources in a cost-efficient fashion. This allows you to stretch the budget.

Most companies don’t leverage their carrier relationships or their brokers for resources to help them with their cost drivers. Even when they do, it’s too inconsistent to have much impact. Staffing at most organizations is thin at best, whereby a single staff person is also delegated the risk responsibilities on top of all the other hats they wear.

3. Improper to Absolutely No Data:

When we ask prospective clients how they determine success or failure in their insurance program, they almost always tell us insurance premiums. Again, this is flawed. Premiums by themselves indicate nothing and often are also a false read. Instead, premiums should be converted to a rate per sales, payroll, or vehicle. Also, the insurance contracts themselves might exclude or include more risk which swings costs. Our main point is that companies do not have the proper data to reveal their true cost drivers, hot spots, or success spots in an organization. They can’t benchmark themselves over a year’s time. They can’t benchmark supervisory employees, departments, or locations, nor can they tell you what their ROI is on their safety investment. Or they can’t build compensation incentives around the companies cost savings goals.

Without the proper data it’s nearly impossible to change culture, results, or fix cost drivers that you haven’t even identified. Imagine being a doctor trying to diagnose a patient without running tests, looking at charts, and being able to benchmark vitals. Most companies lack this critical ability to gain insight, let alone the ability to select the correct treatment option.

4. Little Strategy:

Here’s a hint, shopping your insurance with 3 competing brokers is not a sound strategy. Yes, it may have worked for you a few times, but, it’s like shooting foul shots backwards. You may get lucky, but it’s not consistently sustainable. If you set the proper goal, you can then test the marketplace with your (1)broker who can (and will) get you competitive pricing. Set your strategy on controlling and lowering your main cost drivers, your insurance costs will follow.

5. Systems:

The best of these companies use spreadsheets to capture data, and then exchange insights via email. Most don’t even have the spreadsheets! If you have a solid system as a nucleus, you can then build both process and staff around this core system. Further you can leverage the system to hire outside specialties to address thorny issues. In absence of a strong core system, it’s very difficult to get a sustained, consistent effort bent towards solving your most vexing claims issues.

 

6. Lack of Process/Protocol:

There is so much low-hanging fruit that costs so little when it comes to managing claims cost drivers, most of which is just knowing the proper protocol when “x” occurs. Then, it’s all about communicating that protocol organization-wide, with a proper system in place to build in accountability, so it becomes natural.

Note: Having a task list is not a system. Closing the execution loop, holding people accountable, is a system. The loop is closed through a random audit process.

7. Price vs Cost:

This is a big one. Too often, we see companies focus on the price of the insurance against the long term costs. Nothing is more expensive than a cheap insurance contract. You finance your risk with operating cash flows, reserves or worse… loans. Contrary to popular belief the correct answer is not insurance. If you had the correct data, contained within a system, then you would understand the real cost drivers in your organization so you can then attack them strategically. That takes too much work, so folks just look at the premium, write the check and hope for the best.

Here’s the good news (sarcasm). There is a new class of competitor coming to your space that understands these seven points and are executing them with ambitious zeal. They understand that to truly lower their unit cost structure they need to look at their cost of risk rather than the price of their insurance. Having this ability is truly an overwhelming marketplace advantage as they will be cost efficient and cost consistent year in and year out. You will know them by their tale tell signs, high growth, more market share, lower costs and higher profits.

Wash, rinse, repeat.

Other

Most Common FMLA Questions

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The Federal Family and Medical Leave Act (FMLA) and state workers’ compensation laws may both cover an employee who suffers a serious health condition while on the job. The Department of Labor (DOL) has issued revised regulations that implement the Federal Family and Medical Leave Act. Though the interplay between the FMLA and workers’ compensation leaves was addressed within those regulations, a number of DOL letter rulings have also clarified the interaction of these laws.

Metropolitan Risk Advisory Risk Insights will answer any common questions regarding employee leave that qualify for protection under FMLA and workers’ compensation laws.

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[av_iconlist_item title=’1: Does FMLA leave run concurrently with a workers’ compensation absence?’ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
The employee’s FMLA leave entitlement may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a “serious health condition.” Thus, an employee could receive workers’ compensation benefits to replace lost wages. At the same time having health benefits maintained under the Family and Medical Leave Act. If appropriate, the employer must be sure to designate this leave as FMLA-qualifying leave and give notice to the employee. If the employer fails to designate this leave as FMLA leave, the employee may still be entitled to FMLA leave. This applies once the workers’ compensation absence has ended.
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[av_iconlist_item title=’2: Can an employer require an employee to substitute accrued paid leave if the employee is on workers’ compensation and Family and Medical Leave Act leave?List Title 2′ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
Since the workers’ compensation absence is already considered paid leave, the provision for substitution of the employee’s accrued paid leave for unpaid FML leave does not apply. If the employee has elected to receive workers’ compensation benefits, the employer cannot require the employee to substitute any accrued paid leave for any part of the absence that is covered by the payments under a workers’ compensation plan. An employee is also precluded from relying upon the FMLA’s substitution provision to insist upon receiving both workers’ compensation and accrued paid leave benefits during such an absence. Employers and employees may agree, where state law permits, to have paid leave supplement the disability plan/workers’ compensation benefits. This is in the case where a plan only provides replacement income for two-thirds of an employee’s salary.
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[av_iconlist_item title=’3: What benefit is an employee entitled to while on concurrent workers’ compensation and FMLA leave?List Title 3′ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
If the employer designates the workers’ compensation absence as Family and Medical Leave Act leave, then the employee is entitled to all employment benefits accrued prior to the date on which the leave commenced. The FMLA does not entitle the employee to the accrual of any seniority or employment benefits during any period of FMLA leave, nor to any right, benefit or position of employment other than that to which he or she would have been entitled had the employee not taken the leave. Thus, an employee on FMLA leave does not accrue seniority or employment benefits during the absence by operation of the FMLA. Nevertheless, in addition to the group health benefits guaranteed under the FMLA, an employee on FMLA leave, whether paid or unpaid, may be entitled to additional benefits while absent, depending on the employer’s established policy for providing such benefits when employees are absent on other forms of leave.

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[av_iconlist_item title=’4: How may an employee on concurrent workers’ compensation and FMLA leave pay for group health coverage? For other non-health benefit premiums?’ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
An employee who is receiving payment as a result of a workers’ compensation injury must make arrangements with the employer for payment of group health plan benefits when simultaneously taking unpaid FMLA leave. It is important that the employer make such arrangements with the employee in advance of the leave or shortly after the leave begins since the FMLA provision for recovery of the employer’s share of health insurance premiums does not apply. That is, the FMLA statute only authorizes the recovery of the employer’s share of insurance premiums that are paid to maintain coverage for the employee under a group health plan during any period of unpaid leave. Leave taken pursuant to a workers’ compensation plan is not unpaid leave within the meaning of the FMLA.

Likewise, an employer will also want to make prior arrangements for employee payment of other non-health benefit premiums when an employee is receiving payment as a result of a workers’ compensation injury and is simultaneously taking unpaid FMLA leave. Again, neither the FMLA statute nor its regulations provide for the employer’s recovery of any such premiums paid during a paid leave as opposed to during an unpaid leave.
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[av_iconlist_item title=’5: What may an employer do if it questions the adequacy of a medical certification?’ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
If an employee is on FMLA leave running concurrently with a workers’ compensation absence, and the provisions of the workers’ compensation statute permit the employer or the employer’s representative to have direct contact with the employee’s workers’ compensation health care provider, the employer may follow the workers’ compensation provisions. That is, the employer may have direct contact with the employee’s health care provider in the manner in which the workers’ compensation statute provides. Further, the revised Federal Family and Medical Leave Act regulations also provide that an employer can contact an employee’s health care provider to authenticate or obtain clarification of the medical certification, so long as the employer has first given the employee a chance to cure any deficiencies.
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[av_iconlist_item title=’6: Is an employee required to return to a “light duty” job when it is not the same job or is not equivalent to the job the employee left?’ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
If the health care provider treating the employee for the workers’ compensation injury certifies the employee is able to return to a light-duty job, the employee may decline the employer’s offer of a light-duty job if it is not the same or is not an equivalent job to the job the employee left. However, as a result of turning down such a light-duty job, the employee may lose workers’ compensation payments but is entitled to remain on unpaid FMLA leave until the Family and Medical Leave Act entitlement is exhausted. Additionally, when the workers’ compensation benefits cease, the employee may elect or the employer may require the use of accrued paid leave.

If the employee accepts the light-duty position in lieu of Family and Medical Leave Act leave or returns to work before the FMLA leave entitlement ends, the employee retains the right to the original or to an equivalent position. However, the period of time employed in a light-duty assignment cannot count against the Family and Medical Leave Act leave entitlement. The right to restoration is held in abeyance during the period of time the employee performs a light-duty assignment. That right is not unlimited and ceases at the end of the applicable 12-month FMLA leave year. Restoration is dependent on the employee’s ability to perform the essential functions of the same or equivalent position at the end of FMLA leave.

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[av_iconlist_item title=’7: What happens to an employee on concurrent workers’ compensation and FMLA leave once the Family and Medical Leave Act leave entitlement has run out?’ heading_tag=” heading_class=” link=” linktarget=” linkelement=” icon=’ue871′ font=’entypo-fontello’]
If the employee is unable to return to work or is still in a light-duty job after the Family and Medical Leave Act leave entitlement has run out, the employee no longer has the protections of the FMLA and must look to the workers’ compensation statute or to the federal Americans with Disabilities Act (if the employee is a “qualified individual with a disability”) for any further relief or protections.
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Please contact Metropolitan Risk Advisory with any questions.
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Construction Practice Group Content, Loss Control, OSHA, Risk Management, Workers Compensation Insurance

REMINDER: Site Safety Training Requirements Due Dec. 1, 2019

This is just a quick reminder to all our clients and friends that as of December 1st, 2019 per Local Law 196 of 2017, Site Safety Training or SST, workers at job sites requiring a Construction Superintendent, Site Safety Coordinator or Site Safety Manager must have a total of 30 hours of safety training by December 1, 2019 and a total of 40 hours by September 2020. Supervisors must have 62 hours of training by December 1, 2019.

Further for General Contractors (G.C.’s), every site must post worker safety information posters as each job site they are running where safety is required. This was effective as of October 14th, 2019. 

 

Per the NYC Department of Buildings (DOB), the signs must contain the following attributes.

  • Contain specific information about required worker safety training, including all site safety training deadlines and the number of required training hours, and the information must
  • Be in all languages used by workers to communicate at the construction site. In addition, the signs must
  • Be clearly visible to workers and must be posted at the construction site as follows:
    • Sites with construction fencing must post a sign at each egress point on the inside of the construction fencing, including vehicle delivery fence gates and existing loading docks.
    • Sites without construction fencing must post a sign at each egress point within the controlled access zone where construction is taking place and at each existing loading dock or location used for construction delivery or access.

To comply with the new requirements, the posted sign must:

  • be 44 inches wide and 30 inches high;
  • have letters at least 1 inch (25 mm) high;
  • have white letters on a blue background; and
  • be made of a durable and weatherproof material such as vinyl, plastic, or aluminum that is flame retardant.

The NYC DOB also was kind enough to build out templates in various languages for a diverse workforce population. If you wish to obtain a Site Safety Poster in a different language than English CLICK HERE. 

Any questions we recommend so speak directly with Complete Safety Services, LLC Sinead O’Flaherty. CLICK HERE to contact Sinead. 

 

 

Construction Practice Group Content, Line of Insurance, Practice Groups

Optimizing the Machine: How to Mitigate Machinery’s Biggest Downfall

Every year, an estimated 800 deaths and 18,000 injuries cripple the workforce solely as a result of workers operating machinery.

Since the Industrial Revolution, the momentum behind increased production and productivity has come from one main source: machines. They have allowed for the advancement of business, but have also provided one of our current era’s biggest dangers. However, there are a few easy ways to combat these costly injuries. The main way to halt machine injuries is to install machine guards that protect workers from dangerous machines. Other solutions: detailed operating instructions on machinery, more in-depth training, and safe practice by superiors to show proper operating techniques. 

 

Machine injuries are one of the top ten reasons for employee injuries every year.

Machines are prevalent in almost every sector and style of business, so they are not likely to disappear anytime soon. These guards and other techniques are crucial steps towards limiting one of the biggest detriments in the workplace. When determining which machines to upgrade, it is important to think about the probability and severity of potential injuries that could stem from the machine. In addition, any machine that even offers a potential for injury should be equipped with guards. Aside from wanting to keep employees safe, employee injuries also are very costly to a company. Taking the proper steps to ensure a safe workplace helps solve both of these issues. 

 

Although more expensive, machine guards and an expanded training program should be a net positive investment in the long run. There is a larger up front expenditure, but more money will be saved in the long run as less employees are injured. Increased savings in medical bills, lawsuits, insurance premiums, and attorney’s fees should more than makeup for the initial payment for guards and training. With more and more companies buying into the idea of safer equipment and advanced training, it is highly likely that the majority of machine injuries dissipate and the workplace becomes much safer as a result.   

 

For more information contact one of our Risk Advisors or call 914-357-8444

 

Directors & Officers, Line of Insurance, Risk Management

How to Decipher Director and Officer Insurance

Director and Officer insurance is protection for the leaders of a company for when something goes wrong involving them. Some examples include wrongful acts, improper management, or errors in judgment. Many private companies aren’t familiar with this insurance.

 

A few things to keep in mind as D & O insurance becomes more prevalent in corporations:

To start, a lot of policies exclude cyber issues and antitrust problems but might make an exception upon request. Another interesting piece of information is that most D & O insurers won’t insure companies going public or they will tighten terms on these types of corporations. Finally, most companies will be very specific about what types of public relation items they will cover; most will only cover certain events and only up to a certain dollar amount.

 

Not a lot of private businesses understand the importance of Director and Officer insurance, but it is especially important for the higher ups of a company to understand the intricacies. All of these notes are important to understand when purchasing D & O insurance because it will allow the buyer to be more selective in seeking out exactly what is fitting. D & O insurance is very important to have; however, if the terms are not favorable, it can be like not having insurance altogether. Therefore, it is critical to read through a policy carefully before committing. 

 

All of the points mentioned previously are critical when determining what policy is fitting. It is also important to know exactly what coverage your company needs for its directors and officers. For example, a small manufacturing company with not a lot of contact with others likely won’t need a lot of public relations coverage. However, this company might need errors in judgement coverage as a lot of decisions about expanding the company might have to be made. A D & O policy all depends on the situation a company is in, but one thing is for sure. D & O insurance is extremely important and can help protect individual assets if anything ever goes wrong.     

 

For more information contact one of our Risk Advisors or call 914-357-8444

Other

New Pig Grippy Floor Mats: a Small Change with Drastic Implications

Just like poor training or unwarranted spending, poor floor protection is a culprit that results in huge costs every year, no matter how unsuspecting it may seem. Every day, 25,000 slip, trip, or fall at work. This adds up to around $70 billion in claimed payouts every year. Luckily, there is a solution for bare floors or rubber mats that aren’t getting the job done.

The new Pig Grippy floor mat is a new product that is much more effective than preexisting options.

They are the first adhesive-backed floor mat that doesn’t come out of place and can be used for twelve weeks straight. These new mats also absorb water in a matter of minutes to eliminate slips. This is another perk over normal rubber mats that allow water to sit.

 

Many injuries occur every year as a result of slipping or tripping. It is very important to invest in a product that can mitigate these injuries. Anything that can be used to help limit these types of injuries should be implemented, creating a safer working environment. Pig Grippy mats are an extremely effective way to control falls and slips. With its non-slip coating and longer surface, Pig Grippy mats are the clear choice for all locations with potential injury possibilities.

 

Pig Grippy mats can reduce slip and fall claims by 90%. That equates to 22,500 less daily injuries and a yearly aggregate saving of $63 billion. It is clear to see how big of an impact these new mats can make. Imagine how much safer the workplace would be and how much more profitable a business could be by just implementing this small change. Not to mention, employee satisfaction would increase since they know their management is looking out for their best interest; this, in turn, would boost morale and efficiency. It is hard to believe, but one small product change can single-handedly decrease injuries, increase profits, and improve employee satisfaction. 

 

 

Construction Practice Group Content, Employers Practice Liability Insurance, Food & Beverage Practice Group Content, HR Challenges, Human Services Practice Group Content, Practice Groups, Risk Management, Transportation Practice Group Content

New York State Expands Anti-Discrimination Laws

New York State (NYS) has once again increased its protections against workplace discrimination and harassment by updating and expanding its Anti-discrimination laws. Under a new law enacted on Aug. 12, 2019, certain provisions that were added by the state’s 2019 budget in 2018 are expanded so that they cover not only sexual harassment but also all other types of unlawful employment discrimination. New employee notice requirements apply as well.  

The new law also makes all employers in the state (not just those with four or more employees) subject to all provisions of the NYS Human Rights Law (HRL) starting on Feb. 8, 2020. A variety of other changes will make it easier for individuals to hold employers liable for harassment and discrimination. 

Action Steps For Employers

Employers in NYS should become familiar with the new law and begin providing written copies of their sexual harassment prevention policies and training program information in English and each of their employees’ primary languages. Employers should also monitor the NYS Department of Labor’s (DOL) website for model foreign-language notices. 

Identifying Unlawful Workplace Harassment

The new law expands the NYS HRL’s current definition of unlawful workplace harassment effective Oct. 11, 2019. Specifically, harassment will be considered an unlawful discriminatory practice when it subjects an individual to inferior terms, conditions or privileges of employment because of the individual’s opposition to or participation in any proceeding involving unlawful workplace harassment or because of the individual’s membership in one or more of the following protected categories:

  • Age
  • Creed
  • National origin
  • Gender identity/expression
  • Sex
  • Predisposing genetic characteristics
  • Marital status
  • Race
  • Color
  • Sexual orientation
  • Military status
  • Disability
  • Familial status
  • Domestic violence victim status

 

Changes to Recently Added Provisions on Workplace Sexual Harassment

Topic Effective  Law Changes
Written policy on sexual harassment prevention Oct. 9, 2018 Employers must have a written sexual harassment prevention policy and distribute it to employees.
Aug. 12, 2019 Employers must provide the above policy in English and each employee’s primary language and both at hire and again every year when training is provided. 
Training programs on sexual harassment prevention Oct. 9, 2018 Employers must provide annual, interactive sexual harassment training to all employees. 
Aug. 12, 2019 Employers must provide written copies of the training program information in both English and each employee’s primary language and both at hire and again every year. 
Nonemployee claims April 12, 2018 Nonemployees may file workplace sexual harassment claims against an employer.
Oct. 11, 2019 Nonemployees may file any type of unlawful workplace discrimination claim against an employer.
Contractual arbitration requirements July 11, 2018 Employers are prohibited from including mandatory arbitration requirements for sexual harassment claims within any written contract.
Oct. 11, 2019 The above prohibition applies for any type of unlawful workplace discrimination claim.
Nondisclosure conditions in claim settlements July 11, 2018 Employers are prohibited from including nondisclosure conditions in any agreement to resolve a sexual harassment claim, unless the complainant prefers to include one. 
Jan. 1, 2020 The above prohibition applies to agreements to resolve any type of unlawful workplace discrimination claim. Also: 
  • If a complainant prefers to include a nondisclosure condition, it must be written and provided in both English and the complainant’s primary language. 
  • A nondisclosure condition is void if it restricts a complainant from participating in any local, state or federal agency investigation or from filing or disclosing facts necessary to receive public benefits. 

Any agreement that prevents disclosure of facts related to a future discrimination claim must include notice that it does not prohibit the employee or applicant from speaking with law enforcement, the U.S. Equal Employment Opportunity Commission (EEOC), the NYS Department of Human Services (DHS), any local commission on human rights or an attorney.

For more information contact one of our Risk Advisors or call 914-357-8444.