SB1343 requires employers with 5 or more employees to provide sexual harassment prevention training every 2 years.
Employers are required to adhere to the law if they have 5 employees anywhere—not just in California— but only California-based employees must be trained.Full-time, part-time, temporary, and seasonal workers and independent contractors count towards the 5-employee mark.For temporary workers employed by a temp services agency, the training must be provided by the agency.AB5 extends wage and benefit protections to independent contractors, which may mean that contractors need to be trained.
The first training must be completed by January 1, 2021.
SB 778 extended the initial training compliance deadline (January 1, 2020) applicable to most employers by one year. It did not affect the training requirements applicable to seasonal, temporary, or other employees hired to work for less than 6 months, or to migrant and seasonal agricultural workers.
Supervisors must receive 2 hours of training, and non-supervisory employees must receive 1 hour.
New supervisors must be trained within 6 months of assuming a supervisory position. New non-supervisory employees must be trained within 6 months of hire.
Employers who trained in 2019 are compliant until 2 years later. Employers who trained in 2018 will need to train again in 2020.
Approved training formats include in-person or classroom training, e-learning modules, and webinars conducted by certified trainers.
Employers must retain records of sexual harassment training for 2 years.
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Training must include resources for victims and instructions for reporting harassment.