Employment Law

California SB-1343: Employer Compliance and Training Requirements

California SB-1343 requires employers to provide harassment training, learn about compliance and training requirements

Introduction to California SB-1343

California SB-1343 is a law that requires employers in California to provide sexual harassment training to all employees. The law applies to employers with five or more employees and requires training to be completed by January 1, 2021. Employers must provide at least two hours of training to supervisory employees and at least one hour of training to non-supervisory employees.

The training must include information on the definition of sexual harassment, the types of conduct that constitute sexual harassment, and the legal remedies available to victims of sexual harassment. Employers must also provide training on bystander intervention and how to prevent harassment in the workplace.

Employer Compliance Requirements

To comply with California SB-1343, employers must provide training to all employees, including temporary and seasonal employees. Employers must also keep records of the training, including the date of the training, the number of employees trained, and the type of training provided.

Employers must also ensure that the training is provided by a qualified trainer, such as a lawyer or a human resources professional. The training must be interactive and include questions and answers, as well as hypothetical scenarios to illustrate the concepts being taught.

Training Requirements for Supervisory Employees

Supervisory employees must receive at least two hours of training, which must include information on the employer's policy on sexual harassment, how to report sexual harassment, and how to prevent harassment in the workplace.

The training must also include information on the consequences of sexual harassment, including the potential legal and financial consequences for the employer. Supervisory employees must also be trained on how to respond to complaints of sexual harassment and how to conduct an investigation into allegations of harassment.

Training Requirements for Non-Supervisory Employees

Non-supervisory employees must receive at least one hour of training, which must include information on the definition of sexual harassment, the types of conduct that constitute sexual harassment, and the legal remedies available to victims of sexual harassment.

The training must also include information on how to report sexual harassment and how to prevent harassment in the workplace. Non-supervisory employees must also be trained on the importance of bystander intervention and how to support victims of harassment.

Consequences of Non-Compliance

Employers who fail to comply with California SB-1343 may face significant consequences, including fines and penalties. Employers may also be liable for damages if an employee is harassed and the employer failed to provide adequate training.

In addition to the legal consequences, employers who fail to comply with the law may also face reputational damage and loss of business. Employers must take the requirements of California SB-1343 seriously and ensure that they are providing adequate training to all employees.

Frequently Asked Questions

What is the deadline for employers to comply with California SB-1343?

The deadline for employers to comply with California SB-1343 was January 1, 2021.

How often must employers provide training under California SB-1343?

Employers must provide training every two years, and new employees must be trained within six months of hire.

Who is required to receive training under California SB-1343?

All employees, including temporary and seasonal employees, must receive training under California SB-1343.

What topics must be covered in the training under California SB-1343?

The training must cover topics such as the definition of sexual harassment, the types of conduct that constitute sexual harassment, and the legal remedies available to victims of harassment.

Can employers use online training to comply with California SB-1343?

Yes, employers can use online training to comply with California SB-1343, but the training must be interactive and include questions and answers.

What are the consequences of non-compliance with California SB-1343?

Employers who fail to comply with California SB-1343 may face fines and penalties, as well as reputational damage and loss of business.