As usual, a new year means new laws, especially in California. For 2019, one law that all employers need to be aware of is SB1343, which amended Government Code Sections 12950 and 12950.1 to impose new sexual harassment training requirements on most employers. Previously, only employers of at least 50 employees were required to train their supervisory employees. Starting now, if you have 5 workers, including both employees and contract workers, you have to comply with several training requirements:
- – Within the next year, all supervisory employees must complete two hours of sexual harassment training.
– The definition of “supervisor” is fairly broad and covers more than just your managers. Under California Government Code 12926(t), “Supervisor” means “any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.”
- – Within the next year, all nonsupervisory employees must complete one hour of sexual harassment training.
- – For all employees, the training must be provided within six months of the employee’s assumption of a position with the company.
- – After January 1, 2020, each employee must receive sexual harassment training once every two years.
- – Beginning January 1, 2020, seasonal and temporary employees, and any employees hired to work for less than six months, must receive sexual harassment training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. If the temporary employee is employed by a temporary services employer (i.e., a temporary staffing agency), the temporary services employer is required to provide this training, not the client.
California’s Department of Fair Employment and Housing (DFEH) is required to develop online sexual harassment training courses. DFEH has stated that it expects to have such training programs available on its website by late 2019. If they are available on time, employers can direct their workers to those online courses, but otherwise employers must develop or provide their own training.
Employers should also take this as a reminder to check your work site and make sure you have prominently displayed the required posters. For example, California law requires employers to display the DFEH poster regarding workplace discrimination and harassment in a prominent and accessible location in the workplace, and to distribute a sexual harassment prevention brochure to their employees.
Constant vigilance is required for employers to comply with rapidly changing requirements. Employers should consult with experienced counsel particularly in regard to interpretation of new requirements such as these. Conkle, Kremer & Engel attorneys are experienced with counseling employers in the face of the changing legal landscape in employment law. CK&E attorneys help companies identify and reduce areas of exposure to liability for employment claims, including wage and hour, discrimination, harassment, and retaliation claims.
JAN