California Law Alert – October 2018

Mandatory Sexual Harassment Prevention Training for All Employees
Governor Jerry Brown recently signed a bill into law that will expand sexual harassment prevention training requirements to cover non-supervisors as well as supervisors in the coming years. Specifically, by January 1, 2020, employers with five or more employees must provide interactive sexual harassment prevention training to all employees in California. After that, all employees must receive training every two years. Supervisory employees must receive two hours of training and non-supervisory employees must receive one hour. New employees must receive the appropriate training within six months of hire.

Content and Delivery
The Department of Fair Employment and Housing will make compliant one-hour and two-hour trainings available on their website that employers may use free of charge. These will likely be released around the new year. Employers are welcome to develop their own trainings so long as they meet the state’s requirements.

The training and education must include information and practical guidance regarding the applicable federal and state statutory provisions and the remedies available to victims of sexual harassment. It must also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.

The training may be completed by employees individually or as part of a group presentation. It may be completed in shorter segments or in conjunction with other training, so long as the applicable hourly total requirement is met.

Seasonal and Temporary Employees
Beginning January 1, 2020, employers must provide training for seasonal and temporary employees, as well as any employee that is hired to work for less than six months, within 30 calendar days of hire or within their 100 hours worked, whichever comes first. Temporary services employers are responsible for training their employees.

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Written by:

Scott Evers

Scott Evers

Vice President Sales and Marketing