The issue of workplace harassment always was and still is a delicate subject. In California, the debate on the laws and regulations that enforce protection against harassment is continuing, but with the start of 2018, this US state also saw some practical changes related to this issue.

These come in the form of new laws signed by Gov. Jerry Brown during 2017. On January 1, 2018, these became effective laws that the employers need to adhere to. The changes include, apart from the leaves and benefits, health and safety, wages and hours, two new laws that regulate any issue of workplace harassment. Here is an overview of the same changes that all employers in California need to be aware of.

SB 396 – Training for the Issue of Gender-Based Harassment

The current law in California mandates that any employer who employs 50 employees or more has to provide at least 2 hours of training that is related to sexual harassment to any employee working as a supervisor. This has to happen every two years at least and it has to happen in the space of six months after a particular employee attains the supervisory role.

The newly signed SB 396 stipulates that employers with this number of employees must include in the same training process the elements of harassment which is based on gender expression, gender identity, and the employees’ sexual orientation.

Also, the employers have to place specialized posters made by DFEH (Department of Fair Employment and Housing) which covers the rights of transgender persons in the same workplace. Lastly, the law also expands on the definition of persons with employment barriers which now include gender nonconforming individuals and transgender individuals.

SB 295 – Training related to Sexual Harassment for Labor Contractors on Farms

The current law stipulates that labor contractor on farms must attest that their employees gain the proper training for sexual harassment prevention and follow up this with proper reporting. SB 295 expands on that, adding a mandate for the training of farm employees using a language they understand.

The same contractors also have to provide for their license renewal a list of resources and materialize used for this training and the number of employees that underwent it. This has to be submitted at least a month before their application to the Labor Commissioner. The SB 925 also provides the Labor Commissioner with the power to issue direct citations and civil penalties worth $100 for every single violation.

In short, the SB 396 and the SB 295 are the biggest changes in the batch of new laws related to labor and Employment in California in 2018.

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