Keenan Briefings

Briefing

SB 1343: Updated FAQ Guidance

In November of 2019, the California Department of Fair Employment and Housing released updated FAQ guidance on compliance with SB 1343.

SB 1343 requires all employers with 5 employees or more to provide one hour of sexual harassment and abusive conduct prevention training to non-managerial employees and two hours of training to supervisory employees once every two years. Two bills signed by Governor Newsom in 2019 delay the deadline for the initial training to January 1, 2021.

The FAQs released in November reflect the new deadlines and provide clarity to employers on a number of other questions.

• Deadlines. The guidance provides that all employees must now receive training by January 1, 2021. Employers of 50 or more employees have an existing and ongoing obligation to train new supervisory employees within six months of assuming their supervisory position. Beginning January 1, 2021, new supervisory employees in workplaces of 5 or more employees must be trained within six months of assuming their supervisory position, and new non-supervisory employees must be trained within six months of hire. Thereafter, employees must be retrained once every two years.
• Seasonal and temporary employees. The guidance clarifies the training requirement for employees that are seasonal, temporary, or otherwise work for less than six months, by providing that employers are required to provide training within 30 calendar days after the date of hire or within 100 hours worked (whichever occurs first) beginning on January 1, 2021. Employers are not required to train employees who are employed for fewer than 30 calendar days and work for fewer than 100 hours.
• Employees with dual employment. The guidance provides that if theemployee has received the training in compliance with Government Code section 12950.1 within the prior two years from a current employer, a prior or alternate employer, or a joint employer, then that employee does not have to re-take the training. However, the employer is responsible for ensuring that training has been completed, which may require verifying compliance from the prior, alternate, or joint employer. Moreover, an employer under this circumstance would also be responsible for providing the employee with a copy of its written antiharassment policy and having the employee read it and acknowledge receipt of it.
• Independent contractors, volunteers, and unpaid interns. Employers are not required to train independent contractors, volunteers, and unpaid interns.

Keenan can assist with this training compliance! Employers that participate in a Keenan property and liability or workers’ compensation program have access to a full suite of online training courses through Keenan SafeSchools, Keenan SafeColleges, and Keenan SafePersonnel which include:

• Sexual Harassment: Policy and Prevention (AB 1825)
• Sexual Harassment Prevention for Non-Managers (SB 1343)

These training platforms also allow employers to upload and assign their sexual harassment policy along with the training which streamlines the tracking of compliance.

For more information about the information contained in this Briefing of the Keenan training platforms, please contact your Keenan Account Manager.

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.