Pub. 7 2018-2019 Issue 1

Issue 1 2018-2019 25 employees in California within six months of their assumption of a position. • By January 1, 2020, an employer with five or more employees must provide at least one hour of training to all non-supervisory employ- ees in California within six months of their assumption of a position. After January 1, 2020, covered employers must provide the required training to each employee in California once every two years. The new law specifies that an employer who has provided the training to an employee after January 1, 2019 is not required to provide training again by the January 1, 2020 deadline. Moreover, the new law specifies that the training may be completed by employees individually or as part of a group presentation, and may even be completed in shorter segments as long as the total hourly requirement is met. Finally, SB 1343 requires the Department of Fair Employment and Housing (DFEH) to provide a method for employees who have completed the training to electronically save and print a certificate of completion. Special Rules For Temporary Employees SB 1343 has some special provisions that apply to temporary employees. The new law specifies that, beginning January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work for less than six months, employers shall provide the required training within 30 calendar days after the date of hire, or within 100 hours worked, whichever occurs first. In the case of a temporary employee employed by a temporary services provider to perform services for clients, SB 1343 specifies that the training shall be provided by the temporary services employer, not the client. DFEH Video Training Option The new law requires DFEH to develop or obtain two online training courses—a two-hour online course for supervisory employees and a one-hour course for non-supervisory employees—and to make them available on the DFEH website. The law specifies that the online training courses shall contain an interactive feature that requires the viewer to respond periodically to questions in order to continue. In addition, DFEH is required tomake the online training videos available in English, Spanish, Simplified Chinese, Tagalog, Vietnamese, Korean and any other language spoken by a “substantial number of non-English speaking people.” You are not necessarily required to utilize the online DFEH training videos. SB 1343 specifically states that an employer may develop its own training or may direct employees to view the online DHEH training videos. However, the bill provides that any questions resulting from the online training course shall be directed to the employer’s human resources department or equally qualified professional, not to DFEH. Obviously, until DFEH develops the required online courses, their effec- tiveness cannot really be evaluated; therefore, it is difficult at this time to predict whether the DFEH online video will truly be a viable option for California employers. Training Content Has Not Changed SB 1343 otherwise does not change the training content requirements under existing law. Specifically, existing law requires the training and education to include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing employees in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. In addition, employers should keep in mind that, in recent years, the mandated sexual harassment prevention training has been expanded to include abusive conduct and harassment based on gender identity, gender expression, and sexual orientation. These additional elements should continue to be included in any training provided to supervisory and non-supervisory employees. Next Steps For most California employers, complying with the requirements of SB 1343 by January 1, 2020 will be a large undertaking. This is particularly true for employers who do not currently provide sexual harassment prevention training for their non-supervisory employees, or did not previously provide training to supervisors because they fell under the 50-employee threshold. The New Car Dealers Association, in cooperation with Fisher Phillips, provides cost-effective training that complies with these requirements. To learn more, please contact the NCDA. DANI GORDEN Advertising Sales 855.747. 4003 Dani@thenewslinkgroup. com WORDS.