California Employment Law Alert

In 2018, California passed Senate Bill 1343, which required employers with five or more employees to provide at least two hours of sexual harassment training to all supervisory employees, and one hour of sexual harassment training to nonsupervisory employees. SB 1343 required that employers provide these trainings by January 1, 2020, and once every two years.

SB 1343 was one of a handful of California laws passed in 2018 as part of the “Me Too” movement, and it increased training requirements that previously applied only to employers with 50 or more employees. However, after SB 1343 was signed into law, many employers remained confused about how to implement and schedule the required trainings.

SB 778, passed in 2019, resolved this confusion by extending the period of time for employers to comply with SB 1343’s training requirements to January 1, 2021.

SB 778 also requires new nonsupervisory employees be trained within six months of hire and that new supervisory employees be trained within six months of assuming their supervisory duties.

Under SB 778, if an employer provided training in 2019, it is not required to provide refresher training for two years. However, employers with over 50 employees still need to provide the supervisory training every two years under the prior requirements, i.e. if they trained their supervisors in 2017, they must provide the refresher training by the end of 2019.