Recently, Governor Newsom signed into law Senate Bill No. 78 (“SB 78”), which extends the employer deadline to comply with sexual harassment training requirements to January 1, 2021. SB 78 takes effect immediately.
SB 78 provides employers with an additional year from the prior January 1, 2020 deadline to comply with Senate Bill 1343 (“SB 1343”), which requires employers with 5 or more employees to provide sexual harassment training to their California employees every 2 years. SB 78 does not otherwise change the type or frequency of training required. Employers who provide training in 2019 are not required to provide it again until 2 years thereafter.
Compliance Snapshot:
- California has extended the deadline for employers to provide sexual harassment training one year to January 1, 2021 (temporary and seasonal workers are still subject to the January 1, 2020 deadline).
- Employers with five or more employees must provide 2 hours of training to all supervisory employees and 1 hour of training to all non-supervisory employees in California.
- Employers who provide training in 2019 (or who have already complied), are not required to provide it again until 2 years thereafter.
Frequently Asked Questions:
Which employers must provide training under the law?
Employers who have five or more employees must train all supervisors and non-supervisory employees in California.
Which employees do employers need to provide training to?
- Supervisory Employees: 2 hours of interactive training by January 1, 2021, and every 2 years thereafter.
- Supervisors: A supervisor is anyone with authority or the authority to effectively recommend the hire, fire, assignment, transfer, discipline, or reward of other employees.
- New Supervisors: Must complete training within 6 months of assuming the supervisory position.
- Non-supervisory Employees: 1 hour of interactive training by January 1, 2021, and every 2 years thereafter.
- Seasonal or temporary: Effective January 1, 2020, 1 hour of interactive training within 30 days or 100 hours after hire, whichever comes first.
- Seasonal or temporary employees: Employees that are hired to work less than six months are considered seasonal or temporary workers. For employees hired via a temporary service employer, it is the temporary service employer’s responsibility to provide the requisite sexual harassment training to these employees.
How can employers provide training?
Employers must provide “effective interactive training and education” on laws prohibiting sexual harassment and remedies available to victims of sexual harassment. Employers can provide training through in-person classroom sessions, interactive e-learning, or a live webinar.
For Sequoia Clients: Sequoia has partnered with ThinkHR to provide sexual harassment training services to our clients. Please contact ThinkHR for additional information.
What if an employer already trained or plans to train their employees in 2019, prior to the extension?
Employers who provide or have provided this training in 2019, are not required to provide it again until 2 years thereafter.
What happens if the employer does not comply?
If an employer does not comply with the training requirements, the California Department of Fair Employment and Housing may seek an order requiring the employer to comply.
Additional Resources:
The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog.
