On September 30, 2018, Governor Brown signed into law SB 1343 which amends the California Fair Employment and Housing Act and goes into effect January 1, 2019. This new legislation requires all employers in California who employ 5 or more employees on a regular basis to provide sexual harassment training to all employees, both in supervisory and non-supervisory roles.
Employers have until January 1, 2020, to comply with the new requirements.
In short, employees are required to complete this training within 6 months of starting a position. Employees in supervisory roles will be required to complete a 2-hour course; employees in non-supervisory roles will be required to complete a 1-hour course. All employees will be required to complete the training once every two years.
The training can be completed online or in a classroom setting. It can be integrated with other training sessions that you may require for new employees so long as the curriculum meets the requirements for time and content.
Remember that your required posters and fact sheets will need to be updated. These posters can be requested directly from the California Department of Fair Employment and Housing.
Per the regulations, the Department will be providing two online training courses: a 2-hour course for supervisors and a 1-hour course for employees in non-supervisory roles. These interactive courses will include questions that must be answered before a participant can continue the course. After the course is completed, the Department will provide an option for the participant to save a certificate of completion electronically or print it.
For employees placed with a company through a temporary staffing agency, the responsibility of sexual harassment training falls to the temporary staffing agency.
For seasonal or temporary workers who are to be employed less than 6 months, training must be completed within the first 30 calendar days of being hired or within the first 100 hours of service, whichever occurs first.
Keep in mind that there are additional requirements for sexual harassment and record keeping per Labor Code section 1684 for migrant or agricultural workers and AB 1978 for employees that provide property services such as janitorial services.
We will provide an update when more information becomes available regarding the training courses provided by the State. If you have further questions, or would like alternate solutions besides the State provided ones, please contact us.
By Elizabeth Kay, Compliance and Retention Analyst at AEIS
