On October 9, 2018, New York published final versions of compliance materials for employers on a dedicated website, which include: (1) a model sexual harassment policy; (2) model sexual harassment training materials; (3) a model complaint form; (4) Frequently Asked Questions; and (5) lists of minimal standards for sexual harassment policies and trainings for employers who wish to prepare their own policies and trainings. Significantly, by October 9, 2019, employers must provide all employees with sexual harassment prevention training, either using the model created by the state or a comparable version that meets the minimum standard. There are also important new requirements regarding confidentiality and nondisclosure agreements for resolved sexual harassment claims. For more information, see:
1:16-CV-06525-PKC (S.D.N.Y) - In a significant case involving the Southern Tier's largest employer (and my alma mater), a federal judge ruled that Cornell University cannot escape a proposed class action challenging the administrative fees and investment options in their multibillion-dollar retirement plan. On September 29th, the judge refused to dismiss key portions of the lawsuit against Cornell, including claims that the school was wrong to use multiple record keepers and to offer high-fee actively managed funds and certain underperforming investment options. However, the judge did dismiss charges that Cornell should not have offered so many investment options and should not have agreed to a “lock-in” relationship with one of its record keepers (TIAA). Stay tuned for further developments.