URGENT NOTICE: Changes to Mandated Sexual Harassment Training
Last September, Governor Newsom signed Senate Bill 1343 into law. This new bill changes mandated sexual harassment training requirements effective January 1, 2019.
New Requirements Mandated by SB 1353
Employers with 5 employees or more must:
- Provide sexual harassment training to all employees.
- Provide written harassment, discrimination and retaliation prevention policies to all employees.
- Provide new hires with a “Sexual Harassment Information Sheet.”
- Post required notices from the Department of Fair Employment and Housing.
- Certificates of Completion are required to become part of your employees’ permanent personnel files.
The previous law mandated businesses with 50 or more employees to provide training. This new law applies to all business with 5 or more employees whether they be full-time, part-time, or seasonal/temporary and that total of 5 includes all locations. It also sets deadlines for completion of that training.
Training requirements include 1 hour for nonsupervisory employees and 2 hours for supervisory employees every 2 years. Training for employees hired prior to 1/1/19 MUST be completed by 1/1/2020. After 1/1/19, any new hires must be trained within 6 months of their first day of employment.
Online training course should be available through the Department of Fair Employment and Housing (DFEH) by late 2019, or you can opt to use other resources that are California certified. I have included one that we use below (HRdirect). Your employees must be certified individually, and certificates must be issued. All training must be during regular work hours and you are required to pay for those costs.
If training is not provided by the required deadlines, your employees could file a claim with DFEH and you would be investigated. If you are found in violation, penalties could be imposed.
Additional Requirements Effective January 1, 2020
Seasonal and temporary employees or any employee who is hired to work for less than six months must be trained within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
Training for migrant and seasonal agricultural workers shall be consistent with the same sexual harassment prevention training for nonsupervisory employees.
CA Department of Fair Employment and Housing Sexual Harassments FAQs
Individual training, posters, harassment prevention policies, and fact sheets are available. Make sure you choose “California” training.
We know this is a lot of information to try to absorb. If you have any questions, just give us, Bressler & Company, a call at 559.924.1225. We’re always happy to chat with you.