California’s Department of Fair Employment and Housing (“DFEH”) has updated its Employer FAQ guidance addressing the new sexual harassment prevention training requirements that are now set to go into effect on January 1, 2021. The law has been expanded to require harassment training from employers with five or more employees, and for supervisory employees and nonsupervisory employees. The training must be repeated once every two years.

The new guidance defines what is meant by the requirement that an employer must provide “effective interactive training.” Such training may include classroom training, computer-based training that is individualized and interactive, or a webinar
training taught in real-time. The guidance specifies additional requirements for each type of training.

The guidance also clarifies how the requirements apply to seasonal or temporary workers. Employers are not required to train employees “who are employed for fewer than 30 calendar days and work for fewer than 100 hours.” In addition, if a temporary employee is employed by a temporary services employer, the temporary services employer must provide training for the temporary employee.

The guidance also explains that employers do not need to train non-California employees, independent contractors, volunteers, or unpaid interns, but people falling within these categories must be counted in determining whether the employer meets the five-employee threshold for training.

Finally, the guidance states that if an employee has already received the training from a current, prior, alternate, or joint employer within the previous two years, the employee does not need to retake it, but the current employer must ensure that the training was completed. To verify “may require verifying compliance from the prior, alternate, or joint employer.” The employee must also read and acknowledge receipt of the current employer’s anti-harassment policy.

The guidance also addresses other miscellaneous questions, including questions about how to become a trainer, poster requirements, documentation, and payment for the training. For employers interested in training resources, the DFEH will have online training courses available by early 2020, and in the meantime, DFEH is offering a Sexual Harassment and Abusive Conduct Prevention Training Toolkit. Do not wait until next December to prepare for compliance. The time to talk with legal counsel about this is now.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.