On August 30, 2019, Governor Newsom signed into law SB 778, which delays by one year the new harassment training requirement imposed by last year’s SB 1343.  As a result, employers with five or more employees or independent contractors will have until January 1, 2021, rather than January 1, 2020, to provide harassment training to all managerial and non-managerial employees within six months of hire or promotion.  In addition, harassment training must be provided to temporary or seasonal employees, employees hired for less than six months, independent contractors, volunteers and unpaid interns, provided they have worked at least 30 calendar days or 100 hours.  However, migrant and seasonal agricultural workers must be trained on hire.

Prior to last year’s SB 1343, two hours of harassment training was required only for employers with at least 50 employees or independent contractors, and only for their employees who are managers and supervisors.  SB 1343 expanded the training obligation by requiring employers with five or more employees or independent contractors to provide two hours of harassment training to managers and supervisors, and by requiring one hour of harassment training for all non-managers.  Further, SB 1343 also added required training of migrant and seasonal agricultural workers on hire and of temporary or seasonal employees, employees hired to work for less than six months, independent contractors, volunteers or unpaid interns, who have worked at least 30 calendar days or 100 hours.  The bill states that the training of temporary employees employed by a temporary services employer to perform services for a client is required to be provided by the temporary services employer, not the client.

Under SB 1343, this training needed to be completed by January 1, 2020.  With the enactment of SB 778, employers have another year to complete the training.  And, in a nod to common sense, employees, independent contractors, volunteers or unpaid interns who were provided harassment training in 2019 will not require refresher training for another two years.

The author would like to gratefully acknowledge the assistance of Joanne Warriner.

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