Justworks’ Harassment Prevention and Inclusion Training Suite can help you comply with the sexual harassment prevention training requirements in New York, California, Maine, Delaware, and Connecticut. The sexual harassment prevention laws in these states may also include additional requirements that apply to your business (e.g., notice requirements). In addition, note that your company may be legally obligated to provide other types of training (e.g., HIPAA, OSHA). As a reminder, Justworks does not provide legal advice. You should consult with counsel to ensure compliance with applicable federal, state, and local laws. We’ve provided some handy resources below to help you determine whether a course would be appropriate for your business.
How do I know which employees should receive “Supervisor” training?
You should check applicable law(s) as to how each jurisdiction defines a supervisor for training requirement purposes, as this may vary by jurisdiction. As a best practice, you should treat anyone who has authority to hire, fire, assign, transfer, discipline, or reward other employees as a supervisory or managerial employee. A supervisor/manager might also be anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment.
Do I need to provide training to independent contractors?
As a best practice, employers should communicate their policy against harassment and complaint procedure to independent contractors. You might also consider providing sexual harassment prevention training to independent contractors.
You should check applicable law(s) to confirm whether you are required to train your independent contractors. For example, the Stop Sexual Harassment in NYC Act requires an employer to train independent contractors who have performed work in the furtherance of the business for more than 90 days and more than 80 hours in a calendar year; employers are not required to re-train independent contractors who have already received the mandated annual training elsewhere. Customer will be able to assign any member type in Justworks the training if they wish.
This will depend on where the employee is performing work, and you should check applicable law(s) to confirm whether you are required to train your temporary and seasonal employees. In certain jurisdictions, employees may not need to complete sexual harassment prevention training if they’re only working for a short period of time.
For California: If a temporary worker is employed by a temporary services employer to perform services for clients, the training shall be provided by the temporary services employer, not the client. Beginning 1/1/20, for seasonal and temporary employees, or any employee that is hired to work for less than six months, an employer must provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
Will Justworks provide a sample sexual harassment prevention policy or complaint form?
Some jurisdictions which require a sexual harassment policy have provided a model policy for employers to tailor as appropriate. New York state, for example, has provided a model sexual harassment prevention policy and complaint form on its website. Justworks customers can find a sample sexual harassment prevention policy on our HR resource, ThinkHR. You can access ThinkHR from your Justworks account by clicking HR>Resources >Visit ThinkHR, where you can search their extensive database for a sample policy document.
What if my company has employees in multiple states?
If a company has employees in multiple states, employers need to comply with applicable laws as they apply to each employee. We have provided an overview of the general training requirements under each state-specific Harassment Prevention course on the overview page under HR>Training in Justworks. Generally, you should assign the state-specific training course to each employee who works in that state, and you may also be required to assign the supervisor training for that state to that employee’s supervisor, even if they work in a different state. You should consult legal counsel to ensure each employee is completing the training(s) required based on their role and the state(s) in which they work.
If an employer has previously provided sexual harassment prevention training, must their employees take the training in Justworks?
If the training did not meet the applicable state/city training requirements, then customers should assign the appropriate training in Justworks. Keep in mind that even if the training did meet the applicable state/city training requirements, many states and city sexual harassment prevention laws require employees to be retrained on a recurring basis. Consult with counsel to ensure compliance with applicable laws.
If an employer is subject to both the NYS and NYC training mandate, when should employees complete the New York Harassment and Discrimination Prevention Supervisor and Non-Supervisor trainings in Justworks by?
By October 9 2019.
Are there separate trainings for part-time employees?
No. The courses are appropriate for both full-time and part-time employees. Supervisory or managerial employees, regardless of full or part-time status, can take the supervisory trainings.
Do supervisors also have to take the non-supervisory employee trainings?
This is not necessary.
Can employees that work in jurisdictions that do not have sexual harassment prevention training requirements take the trainings in Justworks?
Yes, absolutely. Justworks strongly recommends this as a best practice in the interest of preventing harassment in the workplace and administering a unified training program that promotes wellbeing for all employees. Supervisory or managerial employees in this case can be assigned the “Harassment & Discrimination Prevention for Supervisors - All US (excluding CA, CT, ME, DE, NY)” training course and non-supervisory employees can be assigned the “Harassment & Discrimination Prevention for Non-Supervisors - All US (excluding CA, CT, ME, DE, NY)” training course.
Can the training be taken in a classroom style setting?
The trainings offered in Justworks are online trainings and are designed to be administered to and completed by employees individually.
Can customers purchase additional trainings or load their own trainings into Justworks?
In addition to the courses offered in Justworks, EVERFI offers all Justworks customers the option to purchase the following online training packages at a discounted rate:
- The HR & People Package: Provides your business with integral courses focused on data security & privacy, and people & culture
- The Global Ethics & Compliance Package: Provides ethics training for your employees with guidance on ethical issues and regulations pertaining to topics such as workplace conduct, anti-corruption, and antitrust
These additional courses must be purchased through EVERFI and will only be available through EVERFI’s learning platform. Please contact your Account Manager or our customer success team who is available 24/7 to help!
Customers will not be able to load their own trainings into the Justworks platform.
Looking for more detail?
If youre looking to read more about the trainings, please take a look at our Harassment Prevention and Inclusion Trainings in Justworks Help Center article or view the below resources.
NEW YORK STATE