Deadline Changed on Time to Comply with California Anti-Harassment Training

On September 3, 2019, Governor Gavin Newsom signed Senate Bill (SB) 778 to extend the deadline for employers to complete their Sexual Harassment Prevention Training. The deadline has been extended by a full year, from January 1, 2020 to January 1, 2021. The new bill also allows covered employers who have provided anti-harassment training in 2019 to wait two full years before providing refresher training.

The purpose of the bill is to give employers sufficient time to provide these trainings in a manner that values their importance and provides a greater impact towards improving equality in the workplace. A recent professional association survey found that over 80% of Human Resources and Operations Managers are aware of the new training requirements, but had not booked the training for their employees nine months into 2019.

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All California Employers with 5+ Employees Must Provide Sexual Harassment Training in 2019, Even if Trained in 2018

HARASSMENTOn September 30, 2018, Governor Jerry Brown signed into law S.B. 1343, which now requires that employers with 5 or more employees in California provide 1 hour of sexual harassment and abusive conduct training to non-managerial employees, and 2 hours for managerial employees once every two years. Managerial employees must receive training within 6 months of hire or promotion.

BY WHAT DATE MUST EMPLOYEES BE TRAINED?

calendarAll managerial and non-managerial employees must receive training by January 1, 2020. After January 1, 2020, employees must be retrained once every two years. That means that all employees statewide must be retrained again by January 1, 2022.

WHAT IF MY EMPLOYEES WERE TRAINED BETWEEN JANUARY 1 AND DECEMBER 31, 2018?

The law requires that employees be trained during calendar year 2019. According to the recently released DFEH FAQsemployees who were trained in 2018 or before will need to be retrained.

S.B. 1343 requires that the California Department of Employment and Fair Housing (DFEH) make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. However, DFEH does not expect to have such trainings available until late 2019. Therefore, in order to ensure that your employees receive the required training by January 1, 2020, it is best to schedule training now to secure the availability of a trainer, account for any employee make-up sessions, and to train in multiple sessions to stagger the number of employees who are taken away from work to attend training. Continue reading

Must-Read for All Employers: Gov. Brown Further Expands Sexual Harassment Laws in California

Brown lawOn September 30, 2018, California Governor Jerry Brown signed over a dozen bills into law with the intent on making the Golden State the leader in the nation on the much-analyzed and discussed topic of sexual harassment.

Governor Brown signed his last bill on Sunday night.  Over his career, he signed nearly 20,000 bills, including 1,016 this year. The new laws, on a range of issues from climate change to criminal justice to gender issues, place California on the “left coast” politically.  Brown’s ambitions can be summarized by his statement that, “We are going to be the moral compass and the policy trendsetter of the country.”

While these new laws will benefit employees and address serious and relevant issues, they will continue to place more demands on employers across California who attempt to comply with the most legislated corporate territory in the country.

A full list of Governor Browns approvals and vetoes can be found in his Legislative Update.  Of the dozens of bills signed into law on September 30, the most relevant on this topic include the following: Continue reading