New Yorkers and Californians vie for accolades about almost anything (think “best bagels” vs. “best weather”). Historically, California was unrivalled as the most employee-friendly state (and therefore the most challenging for employers). But given the political divide at the federal level, there has been a proliferation of state and local lawmaking aimed at increasing workplace protections, with New York at the forefront of many recent progressive developments. So is New York poised to become the next California? Or are we already there?

In 2019, sweeping reforms to the New York Human Rights Law (NYHRL) made it one of the broadest anti-discrimination laws in the country. As amended, the law applies to all employers (effective February 2020), and now protects both independent contractors and interns against all forms of workplace discrimination and harassment (not just based on sex). New York also requires all employers, regardless of size, to conduct annual sexual harassment prevention training for all their employees. Notably, California’s Fair Employment Housing Act (FEHA), even as recently amended, generally only applies to employers with five or more employees, does not generally cover independent contractors, and only requires harassment training every two years.

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