New CA Requirements for Sexual Harassment Prevention Training

The state of California currently requires mandatory sexual harassment and abusive conduct prevention training for supervisors working for employers with 50 or more employees. California-based supervisors must be trained every two years. New supervisors must be trained within six months of assuming the position.

2020 Training Requirements
By January 1, 2020, all employees working for employers with five or more employees will need to be trained. Supervisors must receive two hours of training once every two years, while non-supervisory employees must receive one hour of training once every two years.

What Kind of Training Must Employers Provide?
Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

Any training must explain:

  • The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
  • The statutes and case-law on prohibiting and preventing sexual harassment;
  • The types of conduct that can be sexual harassment;
  • That harassment may be based on gender identity, gender expression, and sexual orientation;
  • The remedies available for victims of sexual harassment;
  • Strategies to prevent sexual harassment;
  • Supervisors’ obligation to report harassment;
  • Practical examples of harassment;
  • The limited confidentiality of the complaint process;
  • Resources for victims of sexual harassment, including to whom they should report it;
  • How employers must correct harassing behavior;
  • What to do if the supervisor is personally accused of harassment;
  • The elements of an effective anti-harassment policy and how to use it;
  • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).

Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

Who Can Provide The Training?
There are three types of qualified trainers:

  1. Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;
  2. Human resource professionals or harassment prevention consultants with at least two years of practical experience in one or more of the following areas: designing or conducting training on discrimination, retaliation, and sexual harassment prevention; responding to sexual harassment or other discrimination complaints; investigating sexual harassment complaints; or advising employers or employees about discrimination, retaliation, and sexual harassment prevention; or
  3. Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.

Neither DFEH nor any other state agency issues licenses or certificates validating a person’s qualifications to teach sexual harassment prevention training classes.

What About Seasonal and Temporary Employees?
Beginning January 1, 2020, employers must provide training for seasonal and temporary employees, as well as any employee that is hired to work for less than six months, within 30 calendar days of hire or within their 100 hours worked, whichever comes first. Temporary services employers are responsible for training their employees.

Workplace Posters

Some of the statutes and regulations enforced by the U.S. Department of Labor (DOL) require that notices be provided to employees and/or posted in the workplace. DOL provides free electronic copies of the required posters and some of the posters are available in languages other than English.

Please note that posting requirements vary by statute; that is, not all employers are covered by each of the Department’s statutes and thus may not be required to post a specific notice. For example, some small businesses may not be covered by the Family and Medical Leave Act and thus would not be subject to the Act’s posting requirements.

The elaws Poster Advisor can be used to determine which poster(s) employers are required to display at their place(s) of business. Posters, available in English and other languages, may be downloaded free of charge and printed directly from the Advisor. If you already know which poster(s) you are required to display, see below to download and print the appropriate poster(s) free of charge.

Please note that the elaws Poster Advisor provides information on federal DOL poster requirements. For information on state poster requirements, please visit state Departments of Labor.

Posters

Author: Marta Moakley, XpertHR Legal EditorIn addition to federal posting requirements, a California employer should ensure compliance with individual state and local requirements for workplace posters. HR must monitor the applicable statutes and update the postings as needed. The following chart contains information regarding whether a specific poster is:

  • Required for all employers;
  • Required for employers in certain industries;
  • Required for an employer based on the number of its employees within a state or municipality; or
  • Recommended for an employer, but not required.

The Employment Law Manual’s Employee Communications: California section offers detailed information regarding state-specific postings and compliance requirements.

Poster Required for All Or Most Employers Required for Some Employers Recommended But Not Required
California Access to Medical and Exposure Records Poster X
California Barbering and Cosmetology Establishments Posting Notice X
California Discrimination and Harassment in Employment Are Prohibited by Law Poster X
California Emergency Phone Numbers Poster X
California Farm Labor Contractor Statement of Pay Rates Poster X
California Harassment, Discrimination and Retaliation Policy X
California Human Trafficking Poster X
California Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave Poster X
California Minimum Wage Order Poster X
California Wage Order #1 Manufacturing Industry Poster X
California Wage Order #2 Personal Services Industry Poster X
California Wage Order #3 Canning, Freezing and Preserving Industry Poster X
California Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations Poster X
California Wage Order #5 Public Housekeeping Industry Poster X
California Wage Order #6 Laundry, Linen Supply, Dry Cleaning and Dyeing Industry Poster X
California Wage Order #7 Mercantile Industry Poster X
California Wage Order #8 Industries Handling Products After Harvest Poster X
California Wage Order #9 Transportation Industry Poster X
California Wage Order #10 Amusement and Recreation Industry Poster X
California Wage Order #11 Broadcasting Industry Poster X
California Wage Order #12 Motion Picture Industry Poster X
California Wage Order #13 Industries Preparing Agricultural Products for Market, on the Farm Poster X
California Wage Order #14 Agricultural Occupations Poster X
California Wage Order #15 Household Occupation Poster X
California Wage Order #16 Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries Poster X
California Wage Order #17 Miscellaneous Employees Poster X
California Notice to Employees of Inspection by Immigration Agencies X
California Notice to Employees – Injuries Caused by Work Poster X
California Operating Rules for Industrial Trucks Poster X
California Paid Sick Leave Poster X
California Payday Notice Poster X
California Preemployment Inquiry Guidelines Poster X
California Pregnancy Disability Leave Notice Poster X
California Preventing Musculoskeletal Injuries in Housekeepers Poster X
California Safety and Health Protection on the Job Poster X
California Sexual Harassment Poster X
California Time Off to Vote Notice Poster X
California Transgender Rights in the Workplace Poster X
California Unemployment Insurance Poster X
California Whistleblower Protections Poster X
California Workplace Rights for Members of the Military and Veterans Poster X
Belmont, California, Minimum Wage Poster X
Berkeley, California, Minimum Wage Poster X
Cupertino, California, Minimum Wage Poster X
El Cerrito, California, Minimum Wage Poster X
Emeryville, California, Minimum Wage and Paid Sick Leave Poster X
Emeryville, California, Service Charge Law Poster X
Los Altos, California, Minimum Wage Poster X
Los Altos, California, Workers Know Your Rights Poster X
Los Angeles, California, Minimum Wage and Paid Sick Leave Poster X
Los Angeles, California, Fair Chance Initiative for Hiring Poster X
Los Angeles County, California, Minimum Wage Poster X
Malibu, California, Minimum Wage Notice Poster X
Milpitas, California, Know Your Rights Poster X
Milpitas, California, Minimum Wage Notice Poster X
Mountain View, California, Minimum Wage Poster X
Oakland, California Minimum Wage Poster X
Oakland, California Paid Sick Leave Poster X
Oakland, California Service Charge Law Poster X
Palo Alto, California, Minimum Wage Poster X
Pasadena, California, Minimum Wage Poster X
Redwood City, California, Minimum Wage Poster X
Richmond, California, Minimum Wage Poster X
Sacramento County Hotel Worker Protection Act Policy Posting X
San Diego, California, Earned Sick Leave Notice Poster X
San Diego, California, Minimum Wage Notice Poster X
San Francisco, California, Fair Chance Ordinance Notice Poster X
San Francisco, California, Family Friendly Workplace Poster X
San Francisco, California, Formula Retail Employee Rights Notice Poster X
San Francisco, California, Health Care Security Ordinance Poster X
San Francisco, California, Minimum Wage Poster X
San Francisco, California, Paid Parental Leave Ordinance Poster X
San Francisco, California, Paid Sick Leave Poster X
San Francisco, California, Salary History Poster X
San Jose Minimum Wage Poster X
San Jose Opportunity to Work Ordinance Poster X
San Leandro, California, Minimum Wage Poster X
San Mateo, California, Minimum Wage Poster X
Santa Clara, California, Minimum Wage Notice Poster X
Santa Monica, California, Minimum Wage Poster X
Sunnyvale, California, Minimum Wage Poster X

NEED POSTERS? Order at Labor Law Center

California Employers: Be Prepared for These New Workplace Laws

Updated anti-harassment policies and practices top the list for 2019

California lawmakers considered a number of workplace-related bills this session addressing sexual-harassment prevention, lactation accommodations, pay equity and more. Gov. Jerry Brown had until the end of September to sign or veto bills. Here’s what employers need to know about new laws that will take effect in 2019 and vetoed bills that may resurface.

Anti-Harassment Requirements

Employers may need to expand their sexual-harassment-prevention training to comply with new standards. Brown signed SB 1343, which requires businesses with five or more employees to provide sexual-harassment-prevention training to all workers by Jan. 1, 2020, and every two years thereafter. Currently, only businesses with 50 or more employees must provide sexual-harassment-prevention training to supervisory employees.

“While such training has always been a good practice, soon the training will become mandatory,” said Christopher Olmsted, an attorney with Ogletree Deakins in San Diego.

Continue reading California Employers: Be Prepared for These New Workplace Laws

IRS Announces HSA Limits for 2019

The IRS recently announced that limits for the HSA contributions will increase in 2019.  The HDHP (high deductible health plan) maximum out-of-pocket limits will also increase for 2019.

Effective January 1, 2019, HSA Contribution Limits:

  • Single Maximum: $3,500
  • Family Maximum: $7,000

HDHP Maximum:

  • Single: $6,750
  • Family: $13,500

ACA Affordability Percentages Will Increase for 2019

The IRS recently issued an update to determine the affordability of an employers plan under the ACA (Affordable Care Act).

These updates will be effective for the taxable years and plan years beginning January 1, 2019.

As a result, some employers may have additional flexibility with the rasped tot their employee contributions for 2019 to meet the adjusted percentage.

AFFORDABLE COVERAGE TEST                                                                                                     For plan years beginning in 2019, employer-sponsored coverage will be considered affordable if the employee’s required contribution for self-only coverage does not exceed:

  • 9.86% of the employee’s household income for the year, for purposes of both the pay or play rules and the premium tax credit eligibility.
  • 8.3% of the employees household income fo rate year, for purposes of an individual mandate exception (adjusted under separate guidance).

To read more on the IRS Revenue Procedure, click HERE.