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SMALL BUSINESS NEWS

Jan 2019

 

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New Workplace Anti-Harassment Laws for 2019

More and more states are passing anti-harassment laws to combat harassment in the workplace.  Businesses of all sizes have to comply with these new laws.

 

In 2019 four more states have placed such laws into effect.  They include California, Delaware, Maryland and New York.  Below is a summary of the requirements for each state.

 

California:

Sexual Harassment Training:  California employers with at least five employees will have to provide at least two hours of sexual-harassment prevention training to supervisors and at least one hour of training to all other employees, conducted this coming year and every two years thereafter.  [SB.1343].

 

Sexual Harassment:  Employer agreements made on or after January 1 that limit an employee’s right to testify in cases involving criminal conduct or sexual harassment in the workplace will be unenforceable. SB 3109

[https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB3109]

 

Sexual Harassment:  Allows a former employer to state it would not rehire a former employee based on the employer's determination that the former employee engaged in sexual harassment.  [AB.2770]

 

 

Discrimination and Harassment:  Among other things, curtails an employer's ability to utilize non-disparagement clauses and certain waivers for claims asserted under the state Fair Employment and Housing Act.  [SB.1300].

 

Discrimination against Service Members:  Prohibits employers from discharging or halting benefits of an employee for being a member of the military reserve or because of ordered military duty or training.  [SB.1500].

 

Delaware

Sexual Harassment Training:  A new Delaware law will require employers with 50 or more employees to provide sexual-harassment training to current workers within the next year, or within one year of hiring new employees. Training must be offered every two years thereafter.  [HB.360].

 

Training Wages and Youth Wages:  Creates a minimum training wage and youth wage of no more than $0.50 less than the state minimum wage. Training wage applies during the first 90 days of employment of an employee who is age 18 or older.  [HB.483].

 

 

Maryland

Sexual Harassment Report:  Employers with at least 50 employees must submit a survey by July 1, 2020, to the Commission on Civil Rights disclosing how many sexual harassment cases have resulted in settlements or other actions under the new Disclosing Sexual Harassment in the Workplace Act of 2018.  [http://mgaleg.maryland.gov/2018RS/bills/hb/hb1596E.pdf]

 

New York

Sexual Harassment Training:  NYC requires all private NYC employers with 15 or more employees to conduct annual anti-sexual harassment training.  [New York City Int. 0632-201823]

 

By Bill Williams

 

 

 

 

 

 

 

 

 

 
 

 

  
 

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