Assembly Bill A368A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  368--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC, DINOWITZ -- read once and referred to the
   Committee on Labor -- recommitted to the Committee on Labor in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   obtain  an  acknowledgement  of receipt from employees of their sexual
   harassment prevention policy and sexual harassment prevention training
   program in writing in English and in employees' primary languages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 201-g of the labor law is renum-
 bered subdivision 5 and a new subdivision 3 is added to read as follows:
   3. A. EACH TIME AN EMPLOYER  PROVIDES  THEIR  EMPLOYEES  WITH  WRITTEN
 NOTICE OF SUCH EMPLOYER'S SEXUAL HARASSMENT PREVENTION POLICY AND INFOR-
 MATION  PRESENTED AT SUCH EMPLOYER'S SEXUAL HARASSMENT PREVENTION TRAIN-
 ING PROGRAM, THE EMPLOYER SHALL OBTAIN FROM THE EMPLOYEE  A  SIGNED  AND
 DATED  ELECTRONIC  OR  WRITTEN  ACKNOWLEDGEMENT,  IN  ENGLISH AND IN THE
 PRIMARY LANGUAGE OF THE EMPLOYEE, OF RECEIPT OF THIS NOTICE,  WHICH  THE
 EMPLOYER  SHALL  PRESERVE AND MAINTAIN FOR SIX YEARS.  SUCH ACKNOWLEDGE-
 MENT SHALL INCLUDE AN AFFIRMATION BY  THE  EMPLOYEE  THAT  THE  EMPLOYEE
 ACCURATELY  IDENTIFIED  THEIR PRIMARY LANGUAGE TO THE EMPLOYER, AND THAT
 THE NOTICE PROVIDED BY THE EMPLOYER TO SUCH EMPLOYEE  PURSUANT  TO  THIS
 SUBDIVISION  WAS  IN THE LANGUAGE SO IDENTIFIED OR IF SUCH NOTICE IS NOT
 AVAILABLE FROM THE COMMISSIONER IN THE EMPLOYEE'S PRIMARY LANGUAGE,  WAS
 PROVIDED TO THE EMPLOYEE IN ENGLISH, AND SHALL CONFORM TO ANY ADDITIONAL
 REQUIREMENTS  ESTABLISHED BY THE COMMISSIONER WITH REGARD TO CONTENT AND
 FORM.
   B. EVERY EMPLOYER SHALL NOTIFY  THEIR  EMPLOYEES  IN  WRITING  OF  ANY
 CHANGES TO SUCH EMPLOYER'S SEXUAL HARASSMENT PREVENTION POLICY OR TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01378-02-6
 A. 368--A                           2
 
 INFORMATION  PRESENTED  IN  THEIR  SEXUAL HARASSMENT PREVENTION TRAINING
 PROGRAM, AT LEAST SEVEN CALENDAR DAYS PRIOR TO THE TIME OF SUCH CHANGES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.