What type of training is required? Who is required to provide and complete the training? And what does this mean for your production?
California law currently mandates that California-based supervisory employees employed by large employers (those with 50+ employees in and outside of California) are required to complete 2 hours of sexual harassment and abusive conduct prevention training within 6 months of hire or within 6 months of being promoted into a managerial position, and to be trained every 2 years thereafter.
California SB 1343 and SB 778 require that non-supervisory employees employed by large employers, as well as all employees employed by small employers (employers with five or more employees in California), will also need to complete sexual harassment and abusive conduct prevention training by the end of 2020 and retrained once every two years thereafter.
Trainings must also include questions that assess the understanding and application of content, and hypothetical scenarios about harassment with discussion questions.
Who is considered an employee under California’s Department of Fair Employment and Housing regulations?
The definition of “employee” for training purposes includes full-time, part-time, and temporary employees, unpaid interns, unpaid volunteers, and persons providing services pursuant to a contract (independent contractors).
Employers are not required to train independent contractors, volunteers, unpaid interns, or employees who work less than 30 days or 100 hours, and only employees located in California are required to be trained, however, all employees, including independent contractors, volunteers, or unpaid interns, located inside and outside of California are counted to determine whether employers are covered under the Act.
What’s the difference between a supervisory employee and a nonsupervisory employee?
- Supervisory employees include anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees, or anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment. Supervisory employees must complete at least two hours of training within six months of their assumption of a position, either by hire or by promotion.
- Nonsupervisory employees need to complete at least one hour of training within six months of their assumption of a position.
Where can I find more information on who is qualified to provide sexual harassment prevention training and what type of training is required?
For detailed information on who is qualified to provide sexual harassment prevention training and additional details on the type of training employers are required to provide, please review the California Department of Fair Employment and Housing’s Sexual Harassment FAQs and the Sexual Harassment Prevention Training FAQs.
Where can I find additional California sexual harassment prevention training resources?
SB 1343 requires that the Department of Fair Employment and Housing (DFEH) make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. DFEH expects to have such trainings available by late 2019. In the interim period, DFEH is offering a Sexual Harassment and Abusive Conduct Prevention Toolkit, including a sample sexual harassment and abusive conduct prevention training. Employers may use the training in conjunction with an eligible trainer to provide sexual harassment and abusive conduct prevention training.
To help productions meet their training requirements, GreenSlate is also developing a training tool. Learn about our existing New York sexual harassment prevention training tool and resources.
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If you have experienced sexual harassment or misconduct while working in the entertainment industry and are in need of resources or support… the Women In Film Help Line is an integrated program that offers referrals to pro bono employment attorneys for callers in both California and New York State, sliding scale trauma-informed therapy, and a confidential support group. Learn more about the Women In Film Help Line.
Last updated: 12.9.19. This information in this communication is general in nature, and is not intended, nor should it be construed, as legal, accounting, tax or other professional advice rendered by GreenSlate, LLC. The reader should contact his or her attorney, CPA, or tax professional prior to taking any action based upon this information.