RISK ALERT: UPDATE YOUR POLICIES

Employers: Risk Alert:

UPDATE YOUR POLICIES and PRACTICES

A few (rather expensive) cases have come across my desk in the past week or so and I want to make sure clients – and all employers - are paying attention.

First, stay on top of changes that require you to update your existing policies. A couple of weeks ago, the Governor announced the launch of the State Harassment Hotline. All employers must update their Sexual Harassment policy to include this information. Add it to the Section which informs employees of their remedies. For more information, see the DOL website here: https://dhr.ny.gov/sexual-harassment-hotline

Second, pay attention to changes that require you to issue new notices. As of May, employers who monitor their employees’ electronic communications, have to let them know about it.  Specifically, the Digital Workplace Law requires that employers provide written notice to each employee, and post the same. The individual notices must be given out upon hire, and acknowledged in writing. This covers emails, telephones, and internet usage.  Other mandatory State notices (note: NYC has many of its own) can be found here: https://dol.ny.gov/notices-employees

And finally, watch for changes you have to go back and make. The New York State Corrections Law prohibits Employers from asking job applicants about their criminal past. It also prohibits employment advertising indicating that only people without convictions should apply. Doing either of these things is a per se violation of the Human Rights Law. Enforcement is handled through a complaint made to the Human Rights Division (on the State front) or the NYC Commission on Human Rights (for City complaints). Damages include both compensatory and punitive, as well as attorneys’ fees.

Employers- check your policies- and any ads you have lingering online. Update both before you get caught in the net of lawyers and plaintiffs mining for your blunder.