In 2018, the California legislature passed SB 1343, which required that all employers in California with five or more employees train their employees in harassment prevention. This law requires that supervisory level employees receive two hours of training every two years, while non-supervisory level employees receive one hour every two years.
Since its passing, employers have been scrambling to train their employees accordingly in time for the law’s original deadline of January 1, 2020. Are all your employees trained?
New Deadline for SB 1343
The good news is that the requirement has been extended a year. You now have until January 1, 2021. However, the law still leaves the requirement that new hires need to be trained within six months of their hire. So, though some see this as a gray area, we prefer to proceed on the side of caution. As we interpret it:
- New employees are those hired in 2019; they need (or needed) to be trained within six months of their hire dates.
- Existing employees are those hired before 2019; they need to be trained by January 1, 2021.
What If We Fail to Comply with SB 1343?
As we aren’t lawyers, we can’t offer specific advice on this. However, according to a Littler article written in February 2019, while there may not be a monetary penalty, specific wording from the California Department of Fair Employment and Housing leaves open the opportunity to seek an order to enforce compliance. Apart from the legal and logistical ramifications, it may be a PR spotlight you’ll want to avoid.
How Can We Make Sure We Comply?
There are a number of ways you can make sure you are in compliance and training all your staff in harassment prevention.
If you choose to hire your own trainer, or certify one of your own staff members, keep in mind that they need to have specific legal or HR experience, as we’ve discussed before. You can check out the Workplace Harassment Prevention Guide provided by the Department of Fair Employment and Housing for more information on what the training must include.
DFEH Online Training
The law does require the state to provide online training. According to its most recent FAQ sheet about the law, this may be available starting in early 2020, but we don’t have a link or any more information at this time.
HR Support Center
At Coastal Payroll, we partner with the HR Support Center to offer resources our clients may need, including harassment prevention training. If you have a small staff that can all get on a computer together, this may be a reasonable option for you. Contact us for more information to get started.
This is where Coastal Payroll can really help. In addition to all the customized HR benefits of HR Elite, we can offer employee and supervisory level training with our own certified trainers, either in-house or online at your company’s convenience. We also provide two online staff-level trainings a month and one in-person (at our office) supervisory level training each quarter that are open to all HR Elite clients, so you can easily schedule new hires coming in and make sure you stay in compliance.
We know these new rules can be overwhelming, especially when you are busy running a business and taking care of day-to-day tasks. Don’t let the deadline loom too long. Get your employees trained, on time, and get this off your mind.
Is now the right time for a customized HR solution? Learn more here.