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New Sexual Harassment and Abusive Conduct Training Requirement for 2019

| Jan 31, 2024 | Business Law, Employment & Labor Law

Starting in 2019, California employers with 5 or more employees must provide training to their employees for Sexual Harassment and Abusive Conduct Prevention.� (Senate Bill 1343; Government Code �12950.1)� Employers should not try and over analyze the �5 or more employees� requirement.� That head count includes regular employees, seasonal and temporary hires, and even includes including independent contractors.

This should include 1 hour for non-managerial employees, and 2 hours for managerial employees.� The first training must occur in 2019, and be repeated once every two years.

Fortunately, the new law also requires the California Department of Fair Employment and Housing (�DFEH�) to provide training courses on its website, so that employers can use that instead of hiring an outside trainer.� (2 CCR 11024)� Availability of this web based training is expected to happen in �late 2019.�� No word yet on when that really means it will be available.� If any expense accompanies the training, that expense must be paid by the employer, and the training may not occur on the employee�s personal time.� It must be provided by the employer as part of an individual�s employment.

Should employers fail to provide such training in compliance with the new law, employees will have the right to file a complaint with the DFEH after January 1, 2020.

If all goes as planned, the new law will make it relatively painless for comply with the training requirements.