Under the recently expanded New York City Human Rights Law (NYCHRL), employers must include independent contractors in their sexual harassment training. This is a major shift in how independent contractors are generally treated. Employers should include an appropriate disclaimer before providing anti-harassment training to an independent contractor to clarify that the training does not change their independent contractor status.
This training requirement applies to all New York employers with 15 or more total workers. “Workers” includes employees who work outside of New York City and independent contractors. This means that if a Wisconsin based employer has 14 employees in Wisconsin and 1 employee or independent contractor in New York City, that employer must provide the required sexual harassment training to the worker in New York City, and comply with the other applicable New York State and New York City laws. Note that as of February 8, 2020, the New York State Human Right Law will apply to all employers with at least 1 employee in New York.
The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to assist and advise if you have questions related to mandatory anti-harassment training or independent contractors in Wisconsin or other states. Contact us at info@LE-hrlaw.com or 1-844-333-5253.