Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Alerts
    4. California employers can push pause on expansion of Harassment Prevention Training for non-supervisory employeesAlerts

    Alert / Employment Law Alert

    California employers can push pause on expansion of Harassment Prevention Training for non-supervisory employees

    Oct 16, 2019

    Share

    By Hillary Baca

    On August 30, 2019, Governor Gavin Newsom signed Senate Bill 778, which extends the deadline for employers to comply with some of FEHA’s new harassment prevention training requirements to January 1, 2021.

    DOWNLOADS

    As employers might remember, Senate Bill 1343, which then-Governor Jerry Brown signed on September 30, 2018, significantly expanded the scope of the Fair Employment and Housing Act’s (“FEHA”) mandatory sexual harassment training and required compliance with the new standards by January 1, 2020. On August 30, 2019, however, Governor Gavin Newsom signed Senate Bill 778, which extends the deadline for compliance with some of the new requirements to January 1, 2021.

    SB 1343’s expanded harassment training requirements

    Before SB 1343, FEHA required employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment, abusive conduct, and harassment based on gender to all supervisory employees within six months of hire and once every two years thereafter.

    The passage of SB 1343 revised FEHA to require that employers with five or more employees, including temporary or seasonal employees, to provide at least two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every two years thereafter. The bill also required California’s Department of Fair Employment and Housing to develop or obtain one-hour and two-hour online training courses that would meet the requirements of FEHA and post them online on the department’s website.

    Deadline for compliance extended to January 1, 2021

    With the compliance deadline for expanded training approaching, SB 778 gave employers some breathing room. The bill pushed back the mandatory harassment training deadline for non-supervisory employees and the expansion of mandatory harassment training for supervisory employees of smaller employers (i.e., those with five to 49 employees) to January 1, 2021. It also provided clarification on the training requirements for employees who received harassment prevention training in 2019. Unlike SB 1343, SB 778 specifically states that employees who received harassment training in 2019 do not have to be retrained until after two years have passed, and then every two years thereafter.

    Considerations for employers going forward

    While employers now have an extra year to train their non-supervisory employees, they should seek the advice of an attorney to ensure that their harassment prevention trainings and policies meet the requirements of FEHA. Employers must also ensure that temporary and seasonal workers receive training. Training employees can devour a significant amount of time and resources, and employers should avoid waiting until the last minute to start thinking about logistics and ensuring compliance with the law.

    Locations

    Los AngelesSan Francisco

    Practices

    Labor & EmploymentCalifornia Labor & EmploymentWorkplace: Policies, Procedures & Training

    Insights And Happenings

    • Alert

      Impact of AB5 on Independent Contractor Status in California: Dynamex becomes law, but the devil is in the details

      Sep 27, 2019

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL