New York City has recently adopted amendments to the New York City sick time law.  These amendments, which go into effect on May 5, 2018, will require action by New York City employers.

Background on New York City’s sick time law

Since April 1, 2014, all New York City employers have been required to provide sick time to their employees.  Whether such sick time is paid or unpaid depends upon the size of the employer.  New York City employers must provide each employee with a copy of the Notice of Employees Rights at the time of hire, and generally must maintain a compliant written sick time policy that is distributed to all employees.  Please see our prior legal updates for further detail on the requirements of the New York City sick time law, as follows:

New York City sick time law expanded to cover “safe time” under recent amendments

Recently, New York City passed a law, Int. 1313-A, that expands the reasons for which employees can use sick time to include “safe time,” and renames the law the New York City Earned Safe and Sick Time Act.  These amendments become effective on May 5, 2018.

Action required by New York City employers in response to recent amendments to New York City sick time law

In response to these amendments, New York City employers need to do the following:

  1. On or before May 5, 2018, update their written sick time policies to reflect the new “safe time” provisions; and
  2. On or before June 4, 2018, provide all existing New York City employees with a notice of their rights to use their sick time for “safe time” leave reasons. Note that on or after May 5, 2018, the Notice of Employee Rights provided to new hires will also need to include notice to employees of their rights to take “safe time.”

On April 12, 2018, New York State  Governor Andrew Cuomo signed into law new measures aimed at preventing sexual harassment. We summarized these provisions in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, published on April 11th, in anticipation of the bill being signed into law.  The new law requires New York State employers to adopt sexual harassment prevention policies and conduct annual training on such policies, restricts the use of non-disclosure and arbitration provisions related to claims of sexual harassment, and extends workplace protections against sexual harassment to non-employees.  The new law requires prompt action on the part of most, if not all, New York State employers.

Mandatory sexual harassment prevention policies and training

Effective October 9, 2018, every New York State employer (regardless of size and including those who employ only domestic and household employees) will be required to adopt a sexual harassment prevention policy that meets specified requirements.  New York State employers who currently have anti-harassment policies in place will likely need to update their policies, as most policies that we have seen do not cover every item that is required by the new law.

As a result of the new tax reform legislation, employers may no longer deduct on their tax returns any “settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement” (emphasis added) or any “attorney’s fees related to such a settlement or payment.”

This