UPDATE: SEXUAL HARASSMENT TRAINING

As an association we strive to keep you up-to-date on relevant information for your business. Please review the following important communication from CALSAGA Legal Advisor Bradley & Gmelich LLP.

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Last year, new sexual harassment training requirements were adopted for California employers, requiring such training by qualified individuals. Under the new law, employers in California having 5 or more employees must provide sexual harassment training to all non-supervisory employees, and to all supervisors. (Previously the requirement for supervisor training only applied to employers with 50 or more employees.)

California Governor Gavin Newsom recently signed urgency legislation in late August, 2019 extending the deadline from January 1, 2020 to January 1, 2021 for most employers to complete the training requirements.  However, the legislation imposes different requirements on “temporary services employers” as defined in Section 201.3 of the California Labor Code.  With very limited exceptions, Section 201.3 specifically provides that private patrol operators licensed to employ security guards are considered “temporary services employers.”

Based on our review of both last year’s bill (SB 1343) and this new extension (SB 778), the deadline for private patrol operators to provide training to existing non-supervisory temporary services employees is extended to January 1, 2021.  However, all new hires that are hired after January 1, 2020 must receive their training within 30 days of hire, or within their first 100 hours of service, whichever comes first.  (This is broken down for you below.)

The good news is that for those private patrol operators who have already diligently provided the required training, the new law states that they do not have to provide any refresher training to those employees for two years from the date of that training.

Remember, private patrol operators are considered to be “temporary services employers” under Labor Code section 201.3.  This is true regardless of how long you intend to provide security services at a given client site.  So, unfortunately, the requirement of training all new hires within 30-days of hire applies to PPO’s starting January 1, 2020.

Here is a bullet point summary of our interpretation:

Original Law:  AB 1825 (2004)

  • Employers with 50 or more employees have to train all supervisors regarding sexual harassment prevention within 6 months of the date of hire or promotion into a supervisory position.
  • Provide 2 hours of refresher training every 2 years.
  • Effective  1/1/2006.
#MeToo Bill: SB 1343 (2018)
  • By 1/1/2020, Employers with 5 or more employees must provide training in the prevention of sexual harassment:
    • 2 hours to all Supervisors
    • 1 hour to all other employees
  • Refresher every 2 years
  • TEMPORARY EMPLOYERS:  (LC 201.3) Beginning 1/1/20:  All newly hired PPO employees who are hired after 1/1/2020 must receive the training within 30 days or 100 hours of being hired (whichever occurs first). Supervisors who are promoted into that position must receive supervisory training within 6 months of the promotion.
#MeToo Extension Bill:  SB 778 (2019)
  • By 1/1/2021, All  Employers with 5 or more employees must provide training in the prevention of sexual harassment:
    • 2 hours to all Supervisors
    • 1 hour to all other employees
  • Refresher every 2 years
  • Any employer who has provided the training to existing employees in 2019 shall not be required to provide such employees with refresher training again until 2 years from the date given.
  • [No Change — TEMPORARY EMPLOYERS:  Beginning 1/1/20:  All newly hired PPO employees who are hired after 1/1/2020 must receive the training within 30 days or 100 hours of being hired (whichever occurs first).]

SB 778 — IMPACT ON PPO’s:

  1. All non-supervisory employees hired any time prior to 12/31/2019 must receive their training by 1/1/2021. (Extends time for existing employees.)
  2. All supervisors hired or promoted to a supervisory position prior to 12/31/19 must receive training within 6 months of their hire or promotion.(No change from prior law regarding supervisors.)
  3. All supervisory and non-supervisory employees hired after 1/1/2020 must receive their respective training within 30 days of hire or within their first 100 hours, whichever comes first. (No change from prior law.)
  4. Any employer who has provided the training to existing employees in 2019 shall not be required to provide such employees with refresher training again until 2 years from the date given. (Exempts employers who diligently gave training in 2019 from providing any additional training for 2 years to those employees and supervisors.)
While your own legal advisors may interpret the training requirements codified in Government Code 12950.1 and the definition of whether PPOs are “temporary services employers” differently, we take a conservative positon based upon the plain language of the statute.  Of course, this is not meant to be legal advice and we recommend you consult with your attorneys if you need further clarification.

Finally, remember that the sexual harassment training required by these laws is now the minimum standard.  We encourage you to provide regular and ongoing training on sexual harassment and discrimination issues.