SB 1343 SEXUAL HARASSMENT TRAINING REQUIREMENTS
CLARIFIED BY DIR/DLSE FOR FLCs
On Friday, May 3rd, the Dept of Labor Standards Enforcement/Labor Commissioners office, released this interpretive compliance letter in English to the FLC community. There is also a similar letter in Spanish. These letter come in response to our requests for clarification on how the new 2019 SB 1343 sexual harassment prevention training requirements for California employers would impact the already difficult harassment training regulations FLCs have had under SB 1087, which are tied to FLC licensing.
DLSE and Dept. of Fair Employment & Housing (DFEH) decided on very strict interpretations on how FLCs must now comply with the two sets of regulations. CFLCA has responded to DIR/DLSE representatives with our concerns about the new guidelines.
FLCs should be aware that under the guidance established in the attached letters:
WHEN HARASSMENT PREVENTION TRAINING MUST BE PROVIDED:
1) Non-supervisory agricultural employees of the FLC must be trained on day of hire, and every two years after. Non supervisory employees must receive one-hour of training on harassment prevention.
2) FLCs' supervisory employees must be trained within six months of assuming a supervisory position and then annually. The annual training is required to be two-hours in length.
WHO IS QUALIFIED TO PROVIDE HARASSMENT PREVENTION TRAINING:
3) SB 1087 regulations allowing the FLC or their appropriate designated person to provide sexual harassment prevention training NO LONGER APPLY. The stricter requirement under SB 1343 is now the rule for FLCs. Sexual harassment prevention training for supervisors and non-supervisors must be provided by a qualified trainer - either:
A) An attorney experienced in FEHA or Title VII harassment/discrimination law
B) A credentialed law school, college, or university level instructor with experience in harassment/discrimination law
C) An HR Professional/Consultant with experience in harassment prevention issues
FOR EACH OF THESE THREE CATEGORIES, at least two-years of experience is required.
SB 1343 does allow for regular classroom-type training, on-line training, and also webinar-based training. It does not require that the one-hour for non-supervisory employees or the two-hour supervisor training to be completed at once. It can be provided in shorter segments over time. This issue is not specifically addressed in the attached letters.
More information on the SB 1343 harassment training requirements is currently available at:
FLCs should note that the SB 1087 requirements have much more immediate and tougher consequences for them than other employers have under SB 1343. Under SB 1343, employers found to be out of compliance are simply instructed to get into compliance. For FLCs, the SB 1087 requirements are tied to their licenses and violations could result in significant fines and potential revocation or non-renewal of the license.
CFLCA and other partners are exploring development of compliance training materials that would be acceptable to DLSE and DFEH and also practical for use in FLC harassment training programs.