Compliance Alert: SB1343 is Now in Effect
(Yes, you must provide harassment training this year.)
Late last year, Governor Brown signed a new law (SB 1343), which requires all California employers with five or more employees to provide compliant harassment prevention training in 2019. While AB 1825 went into effect in 2005, this new law resets the harassment training clock for those employers who were conducting training every two years.
So, whether you did or did not provide training in 2018, the legislation specifically mandates that in 2019 ALL employees and supervisors must be trained a minimum of:
- One hour of harassment prevention training for employees
- Two hours of harassment prevention training for supervisors
Individuals then need to be trained at least once every two years thereafter. In addition, all new employees must be trained within six months of hire and anyone that assumes a supervisory position must receive the two-hour training within six months of assuming their position. Seasonal or temporary workers who will work less than six months, must be trained within 30 calendar days or within the first 100 hours worked.
Trainer Requirement: Unlike AB 1825, which requires specific trainer qualifications, SB 1343 stipulates that the trainer only have “knowledge and expertise in the prevention of harassment, discrimination, and retaliation.” This means that most HR professionals can deliver the training if they have the knowledge and experience referenced.
California HR professionals must also be aware of one more law (SB 1300) as it likely relates to your harassment policy. California has rejected the use of severe and pervasive as a triable issue. Instead, if the harassing conduct merely interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive environment, it is a triable issue.
In other words, it is not necessary for the plaintiff to prove the more difficult standard of severe and pervasive (which may be listed in your policy). Along with this and other provisions, the bill authorizes employers to provide bystander training. Employers Group recommends, as a best practice, that your 2019 training programs include these two SB 1300 components.
How can you easily comply with this ownership obligation? We have several solutions:
1. Instructor-Led Supervisory Training (recommended). Utilize Employers Group to train your Supervisory Staff with AB 1825 training. Available in English and Spanish. Plus, receive a no-cost kit ($750 value) so that you can train employees yourself. Pricing is as low as $825 for a group of leaders.
2. Instructor-Led Training for All Staff. Employers Group will scope your project and train all supervisory employees with two hours of AB 1825 training and all employees with one hour of SB 1343 training. Available in English and Spanish.
3. Online Learning. Implement our eTrainingPortal.com, which includes a turnkey Learning Management System (LMS), which includes nine total harassment courses, plus 20 additional courses. There is no need to “buy as you need.”Easily assign our new 2019 courses to supervisors, employees, new hires, etc. Courses are available in English and Spanish with a California employee-level version and supervisory (AB 1825) version. There are also non-California versions, along with a New York state version. Silver-level access can be purchased for $1950 for up to 100 users ($500 for each additional group of 100); Gold with 50 and Platinum with 70 courses are also available. (Tip: If you have fewer than 60 to train and only want harassment prevention training, it is more cost effective to purchase just the one harassment course from www.myeglearn.com rather than implement eTrainingPortal.com.)
4. DIY Employee-Level Training Only. If you only need to train employees because you have another solution for supervisors, utilize Employers Group’s 2019 DIY Kit, which includes a PowerPoint, attendee materials, a recorded webinar, and customizable documentation. Training requirements for 2019 are covered, including all definitions, scenarios, abusive conduct and bystander training. The kit may only be purchased online for $750 at employersgroup.com (regularly priced at $850).