What type of training is required? Who is required to provide and complete the training? And what does this mean for your production?
California law currently mandates that California-based supervisory employees employed by large employers (those with 50+ employees in and outside of California) are required to complete 2 hours of sexual harassment and abusive conduct prevention training within 6 months of hire or within 6 months of being promoted into a managerial position, and to be trained every 2 years thereafter.
Further, California requires that non-supervisory employees employed by large employers, as well as all employees employed by small employers (employers with five or more employees in California), also need to complete sexual harassment and abusive conduct prevention training and retrained once every two years thereafter. Training must include questions that assess the understanding and application of content, and hypothetical scenarios about harassment with discussion questions as well as practical examples of harassment based on gender identity, gender expression, and sexual orientation. Training must also include information on bystander intervention strategies and techniques employees can use to prevent harassment and discrimination in the workplace.
Employers must retain a record documenting that each employee completed the required training for a minimum of two years. This includes maintaining certificates of completion, signed acknowledgments, or other documentation showing the training date, type, and duration.
Employers must also provide employees with a poster or fact sheet developed by the California Civil Rights Department regarding Sexual Harassment, or equivalent information.
Who is considered an employee under California’s Civil Rights Department regulations?
The definition of “employee” for training purposes includes full-time, part-time, and temporary employees, unpaid interns, unpaid volunteers, and persons providing services pursuant to a contract (independent contractors).
As of January 1st, 2021, if an employee is hired to work for less than six months, they must be trained within 30 calendar days from their hire date or within 100 hours of work, whichever occurs first. If an employee is hired to work for less than six months but has not worked in the 30 calendar days after being hired, then the “hire date” is the first day of work. Only employees located in California are required to be trained, but all employees, including independent contractors, volunteers, or unpaid interns, located inside and outside of California are counted to determine whether employers are covered under the Act.
Training completion from a prior employer within the past 2 years may satisfy the requirement if the training met California’s content requirements and was appropriate for the individual’s role (supervisory vs. non-supervisory). However, employers should obtain documentation of prior training completion, including the date, duration, and content covered, to demonstrate compliance if questioned by regulators.
Important Clarifications on Independent Contractor and Loan Out Coverage
While independent contractors are included in the definition of “employee” for training purposes, California Civil Rights Department guidance clarifies that employers are only required to provide training to independent contractors over whom they exercise sufficient control in the working relationship. The key factor is whether the hiring entity has the right to control the manner and means by which the work is performed, not just the end result.
Though not required, the CDR recommends providing training to independent contractors.
In light of the recent law change in California codifying that loan outs are recognized legal entities for tax and unemployment issues, if a production company engages an employee of a loan-out company, the training obligation should fall on the loan-out company. However, productions should still be cautious and evaluate whether this employee passes the above independent contractor analysis for required training.
What’s the difference between a supervisory employee and a non supervisory employee?
- Supervisory employees include anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees, or anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment. Supervisory employees must complete at least two hours of training within six months of their assumption of a position, either by hire or by promotion.
- Non supervisory employees need to complete at least one hour of training within six months of their assumption of a position.
Where can I find more information on who is qualified to provide sexual harassment prevention training and what type of training is required?
For detailed information on who is qualified to provide sexual harassment prevention training and additional details on the type of training employers are required to provide, please review the California Department of Fair Employment and Housing’s Sexual Harassment FAQs and the Sexual Harassment Prevention Training FAQs.
Does GreenSlate offer sexual harassment prevention training resources?
GreenSlate offers an in-app training module to help productions assign, manage, and track state-compliant sexual harassment prevention training.
The mandatory sexual harassment prevention training for CA is preloaded in the app. The GreenSlate training module makes online training quick and convenient, and you can build training into your onboarding process for a seamless experience.
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If you have experienced sexual harassment or misconduct while working in the entertainment industry and are in need of resources or support, the Women In Film Help Line is an integrated program that offers referrals to pro bono employment attorneys for callers in both California and New York State, sliding scale trauma-informed therapy, and a confidential support group. Learn more about the Women In Film Help Line.
This information is provided for general educational purposes only, and productions with specific compliance questions should consult with employment counsel. The California Civil Rights Department continues to issue updated guidance; employers should monitor CRD resources for the latest compliance information.
This information in this communication is general in nature, and is not intended, nor should it be construed, as legal, accounting, tax or other professional advice rendered by GreenSlate, LLC. The reader should contact his or her attorney, CPA, or tax professional prior to taking any action based upon this information.
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