California employers with at least five employees must provide sexual harassment prevention training and education to all employees in California by January 1, 2020.
Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions in California in the prevention of sexual harassment.
However, SB 1343 has expanded the scope of covered employers, and SB 1343 requires all employers with at least 1 employee to train and educate ALL supervisory employees on Sexual Harassment and Abusive Conduct avoidance. CA 1343 also now requires employers with at least 5 employees to provide at least two hours of sexual harassment prevention training and education to all supervisory employees and at least one hour of such training to all non-supervisory employees in California, by January 1, 2020. Training and education must be provided once every two years thereafter, as specified under the new law.
Here are some highlights Under SB 1343:
- By January 1, 2020, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their assumption of either a supervisory or non-supervisory position. The training must be provided once every two years.
- Employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined by the California Labor Code) to perform services for clients, the training must be provided by the temporary services employer, not the client.
- The anti-sexual harassment training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long as the two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached.
- Employers who provide the required training after January 1, 2019, are not required to comply with the January 1, 2020, deadline.
SB 1343 Also Adds New Employee Policy & Notice Requirements
- Employers with 5 or more employees must develop a written non-discrimination, anti-harassment, and retaliation prevention policy (“Policy”) that is compliant with CA FEHA requirements.
- This Policy must be distributed to employees in 2019, and to all new hires upon hiring.
- Although a Policy is not required for employers with less than 5 employees, it is a best practice that California Employers develop anti-harassment, non-discrimination, and retaliation prevention policies that meet the CA FEHA Requirements
- Employers must provide written notice to all employees, including new hires, outlining the Employer’s Sexual Harassment policies, reporting procedures, and legal remedies available to employees if they are a victim of sexual harassment.
- All policies and handouts should be made readily available to employees and new hires, such as on a shared computer drive, bulletin board, or on a practice intranet.
Coming soon, we will be providing harassment training courses geared towards the veterinary team. Until then, if you have any questions regarding this new harassment training law, if you need help drafting FEHA-compliant policies or handouts, or if you have any other Employment Law and Human Resources Legal questions, please feel free to contact Jeff Schick at (561) 323-7895 or email Jeff@vetmedlaw.com
We also recommend you join the Facebook Group: Veterinary Legal Issues (practice management, employment law, business law) at facebook.com/groups/vetlegal