Many businesses quickly shifted to remote work, where possible, and abandoned operations in an office setting when COVID-19 became a pandemic or when jurisdictions required or encouraged people to stay at home. Now, as these businesses contemplate resuming operations in the general office setting, they are grappling with a myriad of issues and concerns. See our article COVID-19: Best practice considerations for resuming work in an office setting for employer considerations for resuming work in the office setting, including advice on determining when to reopen, determining modifications to be made in the workplace, employee communication and training considerations, implementing the … Continue Reading
Recently, New York State and New York City have continued the trend of enacting employee-friendly legislation and issuing broad enforcement guidance under their respective employment laws and regulations. New York State and New York City employers should be aware of the following recent developments from 2018 and early 2019, and should take action to review and update their practices and policies for compliance.
New York City lactation room and policy laws — new policy requirement
Federal and New York State laws already require employers to make reasonable efforts to provide a room other than a bathroom where a nursing employee … Continue Reading
In September 2018, we reported on New York State’s issuance of draft guidance under the recently enacted New York State law aimed at preventing sexual harassment. New York State has now issued final guidance under this law. This includes final guidance regarding:
- The anti-sexual harassment policy that every New York State employer (regardless of size and including those who employ only domestic and household employees) must adopt by October 9, 2018; and
- The mandatory interactive anti-sexual harassment training that every New York State employer is required to conduct for all employees annually.
Final Guidance Delays Deadline to Conduct First Annual… Continue Reading
In April 2018, we reported on New York State’s enactment of a new law aimed at preventing sexual harassment. We summarized this new law in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, and our Global Workplace Insider article, New York State’s new sexual harassment prevention laws will require action by all New York employers. Under this law, New York State employers will need to comply with the following new requirements, among others:
- By October 9, 2018, every New York State employer (regardless of
On May 9, 2018, New York City enacted a number of laws addressing sexual harassment in the workplace. The laws are summarized below. New York City employers who do not yet have anti-harassment and anti-retaliation policies in place should promptly begin the process for adopting them. New York City employers should also begin to make arrangements for providing their employees with anti-harassment training (upon hire and annually thereafter). Such training is now required under both New York State and New York City law. New York State’s law, which was also recently enacted, will become effective first. For a brief discussion … Continue Reading
The legal principles
All employees are granted a right to benefit from access to professional training in the course of their employment. In this respect, the French Labour Code states that the employer must ensure the employees’ adaptation to their job position and must secure the maintenance of the employees’ capacity to perform their tasks, particularly in light of the evolution of their jobs, technology and organizations.
Starting July 1, 2014, all employers covered by the Occupational Health and Safety Act (OHSA) will be required to give Basic Awareness Training to all workers and supervisors. The objective of this training is to enhance workers’ and supervisors’ knowledge of both their rights and responsibilities under the OHSA and highlight the OHSA’s overarching principle that workers, supervisors and employers are jointly responsible for maintaining the health and safety of their workplace.
The training was mandated, in part, in order to address the health and safety of particularly vulnerable workers such as new hires and recent immigrants.
Employers may … Continue Reading
The legal background
The issue of compensating the cost of expensive training provided to an employee is a well-known and legitimate concern for any employer who wishes to maintain the profitability of its business. However, in considering whether or not to provide such training in light of the cost of doing so, employers should take into account possible discrimination which may arise from such situations.
In this respect, the principle of non-discrimination prohibits any employer from treating an employee differently on the basis of certain grounds. However, this principle still allows for differences of treatment provided that such differences are … Continue Reading