Clear Law Institute, LLC: 2020

Wednesday 30 December 2020

New Jersey Legislation Pending to Require Sexual Harassment Training

Sexual Harassment Prevention training Update

Sexual Harassment Training Requirements Now Pending in New Jersey Legislature

As of December 2020, bills require sexual harassment training and other steps to combat workplace discrimination and harassment are pending in both houses of New Jersey’s legislature.

While AB 4637 (introduced in September) and SB 3262 (introduced earlier this month) differ in several aspects, both bills require employers to implement employee training programs and adopt harassment prevention policies.

Under the proposed legislation, all employers in New Jersey will be required to provide all employees interactive training on preventing unlawful workplace harassment and discrimination, beginning one year after enactment.

The introduction of these bills follows New Jersey Governor Phil Murphy’s announcement earlier this year that he would propose broad legislation to address and eliminate harassment in the workplace.

Impetus for the Proposed Legislation

After a year-long study, the New Jersey Division on Civil Rights published a report, “Preventing and Eliminating Sexual Harassment in New Jersey,” in early 2020, which focused on sexual harassment. The report outlined best practices for employers, including recommendations that organizations adopt comprehensive policies addressing sexual harassment training reinforced through effective training.

Next Steps

Both bills have been referred to the appropriate legislative labor committees for consideration. Clear Law Institute will continue to report on future developments regarding this new legislation in New Jersey.

Learn More

To learn more about your obligations for sexual harassment training in New Jersey, please contact us.

The post New Jersey Legislation Pending to Require Sexual Harassment Training appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/sexual-harassment-training-legislation-pending-in-new-jersey/

DC Requires Sexual Harassment Training for All Employees of Businesses with Tipped Workers

Sexual Harassment Prevention training Update

DC Requires Sexual Harassment Training for All Employees of Businesses with Tipped Workers

Businesses that employ tipped workers in DC will soon be required to provide sexual harassment training to employees. The District of Columbia Council has enacted the Tipped Workers Fairness Clarification Amendment Act of 2020 (the 2020 Amendment), which became effective December 3, 2020.

In 2018, DC enacted the DC Tipped Wage Workers Fairness Amendment Act of 2018 (the 2018 Act), which, among other things, required employers of tipped employees to provide sexual harassment training to employees. However, Section 8 of the law provided that the training and certain other provisions would not go into effect until “the date of inclusion of their fiscal effect in an approved budget and financial plan.” The 2020 Amendment repealed Section 8, resulting in the implementation of the training requirement.

Under the amended law, the Office of Human Rights or its designee must provide an approved course or certify a list of approved training providers. Once the Office issues an approved course or list of approved training providers, employers must begin training new employees within 90 days of hire.

For more information on the specific sexual harassment training requirements enacted in DC, see DC Requires Sexual Harassment Training for Employees of Businesses with Tipped Workers.

Why Clear Law?

More than 1,000 employers rely on Clear Law Institute to provide online sexual harassment training to their employees across the country because our training:

complies with all states’ laws,
is kept up-to-date with any changes in the law at no additional charge,
utilizes cutting-edge instructional design principles and learning games, and
efficiently tracks who has and who has not completed the training each year, as handled by Clear Law’s Learning Management System. This prevents employers from having to collect and track certificates manually.

Learn more and view a free course demo now.

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The post DC Requires Sexual Harassment Training for All Employees of Businesses with Tipped Workers appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/dc-requires-sexual-harassment-training/

Tuesday 29 December 2020

Connecticut COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

December 29, 2020

Clear Law Institute provides compliant and current Covid-19 Safe Workplace training. Our training complies with CDC and OSHA guidelines and the growing number of states mandating COVID-19 workplace safety training. Our Compliance Advisory Team regularly monitors federal and state authorities and updates the training, as needed.

On December 23, 2020, the Connecticut Department of Economic and Community Development issued updated COVID-19 Business Sector Rules for various industries, including offices and retail.

The post Connecticut COVID-19 Safe Workplace Training Update appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/connecticut-covid-19-safe-workplace-training-update-6/

Federal COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Guidance Update

December 29, 2020

CDC Update

On December 21, 2020, the CDC issued updated COVID-19 ventilation guidance for indoor environments.

On December 23, 2020, the CDC updated its face covering guidance to address cold weather conditions.

* Although this information is not directly related to the topics discussed in the COVID-19 Safe Workplace Training, CLI provides it as a courtesy to our training clients.

The post Federal COVID-19 Safe Workplace Training Update appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/federal-covid-19-safe-workplace-training-update-9/

Minnesota COVID-19 Safe Workplace Training Update

COVID-19 SAFE WORKPLACE TRAINING

Update

December 29, 2020

On December 16, 2020, Minnesota issued updated COVID-19 General Business Guidelines consistent with Executive Order 20-103, which was signed by the Governor on the same day.

The post Minnesota COVID-19 Safe Workplace Training Update appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/minnesota-covid-19-safe-workplace-training-update-2/

Thursday 24 December 2020

Federal Court enjoins Trump Executive Order Restricting Unconscious Bias Training.

Unconscious bias training UPDATE

Federal Court Issues Nationwide Preliminary Injunction on Unconscious Bias Training Content Restrictions Imposed by Trump Administration.

On December 22, 2020, US District Judge Beth Labson Freeman issued a preliminary injunction prohibiting enforcement of restrictions on unconscious bias training content imposed on government contractors and grantees through Executive Order 13950

The order became effective immediately.

Executive Order 1350 restricted unconscious bias training content provided by federal contractors and grantees.

As previously reported, President Trump issued Executive Order 13950 on September 22, 2020. The Executive Order contained detailed provisions designed to prevent the Uniformed Services as well as federal contractors and grantees from providing diversity training or unconscious bias training addressing concepts the Trump Administration deemed unacceptable.

The December 22 injunction prevents enforcement of restrictions on unconscious bias training content.

Judge Labson’s December 22 Order Granting in Part Motion for Nationwide Preliminary Injunction prohibits the Trump Administration, including all federal agencies, from enforcing Trump’s Executive Order against a contractor or grantee or taking any additional steps to impose restrictions on contractors or grantees based on the Executive Order.

The Order also requires the Administration to take “appropriate steps” to ensure compliance with the injunction order.

Additionally, the Administration must provide notice of the injunction to all contractors, grantees, subcontractors, and sub-grantees for whom such terms have been imposed since the Executive Order was issued.

The order applies to the Administration, all federal agencies, their officers, agents, servants, employees, and attorneys, as well as “any other persons who are in active concert or participation with Defendants or Defendants’ officers, agents, servants, employees, and attorneys.”

Pursuant to the preliminary injunction, the Trump Administration

cannot include contractual provisions prohibiting contractors from using workplace training involving concepts prohibited by the Executive Order or any related agency guidance
cannot enforce any existing contractual provisions prohibiting workplace training involving concepts prohibited by the Executive Order or any related agency guidance

cannot use a hotline to collect information regarding contractors’ compliance or alleged noncompliance with the Executive Order or any related agency action
cannot investigate any alleged noncompliance with the Executive Order (or any related agency action) received through any means
cannot take any enforcement action or provide any remedial relief in response to alleged noncompliance with the Executive Order or related agency action
cannot require contractors to give notice to union or employee representatives of any commitments made pursuant to the Executive Order regarding workplace training content
cannot cancel, terminate, or suspend any contract for failure to comply with the Executive Order or any related agency action
cannot declare an entity ineligible for future contracts or “otherwise sanction” the entity for refusal to comply with the Executive Order or any related agency action
cannot require contractors to bind their subcontractors or vendors to the terms of the Executive Order or any related agency action
cannot require contractors to take any action on any subcontract or purchase order to enforce provisions of the Executive Order or related agency guidance
cannot publish any additional Request for Information regarding whether any training programs provided to contractor or subcontractor employees complies with the Executive Order or any related agency action
cannot require, facilitate, or permit, or require, facilitate or permit any federal agency to include conditions in any grant program that would require recipients to certify that they will not use funds to promote any of the concepts prohibited by the Executive Order or any related agency action
cannot require, facilitate or permit any federal agency to review or identification of grant programs upon which Executive Order-related restrictions could be added
cannot require, facilitate or permit any federal agency to submit reports regarding grant programs on which Executive Order-related restrictions could be imposed
cannot require, facilitate or permit any federal agency review any reports regarding such matters that may have already been produced
cannot enforce any Executive Order-related conditions that may have already been included in a grant or subgrant
cannot take any other action, whether or not listed in the Executive Order, intended to effectuate or enforce the provisions of the Executive Order or any related agency guidance or actions applicable to government contracts and grants

Clear Law Institute’s Unconscious Bias Training

Clear Law Institute provides online and instructor-led unconscious bias, diversity, and inclusion training for employers around the country.

Clear Law’s online Unconscious Bias Training is self-paced, and fully narrated. The training also includes numerous interactive animations, video demonstrations, and exercises to keep employees engaged.

We provide online training to more than 1,000 employers, handle training roll-out to employees, support tech issues, and track course completions.

Click here to learn more and receive a FREE TRIAL of Clear Law Institute’s Unconcious Bias Training: Promoting a Diverse and Inclusive Workplace.

The post Federal Court enjoins Trump Executive Order Restricting Unconscious Bias Training. appeared first on Clear Law Institute.

Read full post at: https://clearlawinstitute.com/blog/federal-court-enjoins-trump-executive-order-banning-unconscious-bias-training-content/