Update on State Training Requirements

by True Office Learning

 

WE’RE READY TO HELP YOUR ORGANIZATION STAY UP-TO-DATE

As part of True Office Learning’s continued monitoring of developments in sexual harassment prevention laws and training requirements, we want to make sure you’re aware of recent developments in New York, California, and Delaware. We have solutions ready to deploy that meet the requirements of all of these laws, so please don’t hesitate to reach out to your Relationship Manager to learn more.

New York

The state of New York released the final version of its model sexual harassment prevention training program. This program provides guidance for New York employers regarding the new training requirements signed into law earlier this year, which state that such training is to be “interactive” and that managers must receive additional training.

 
Guidance Model Training Program (Final)
Deadline to provide initial training to all employees October 9, 2019
Time to train new employees As quickly as possible
Definition of the term “interactive” It requires some level of feedback by those being trained
Further guidance on interactive training Training may be presented to employees individually or in groups; in person, via phone or online; via webinar or recorded presentation, and include as many of the following elements as possible:
• Ask questions of employees as part of the program
• Accommodate questions asked by employees, with answers provided in a timely manner;
• Require feedback from employees about the training and the materials presented
Frequency of Training Annual
 

True Office Learning has learning solutions available to help you meet these requirements, including a New York-specific course (Preventing Sexual Harassment: NY Edition) and supplemental material in our US course (Preventing Sexual Harassment: US Edition).

California

The state of California enacted a law amending the Fair Employment and Housing Act (FEHA) with regards to sexual harassment prevention training requirements.

 
Guidance Under New/Amended FEHA
Employee threshold 5 or more employees (was formerly 50 or more), including seasonal and temporary
Timing/Length requirements • 2 hours for supervisors
• 1 hour for non-supervisors (new)
Deadline to provide initial training January 1, 2020
Further deadline guidance An employer who has provided this training to an employee after January 1, 2019, does not need to provide training by the January 1, 2020 deadline
Time to train new employees Within 6 months of assuming their position
Time to train seasonal & temporary employees, or any employee hired to work for <6 months Beginning January 1, 2020, within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first
Frequency of Training After January 1, 2020, once every 2 years for all employees
 

True Office Learning will develop a learning solution consistent with the new requirements and will monitor for the release of further content guidance by the state. We will evaluate our learning solutions at that time and determine if any changes need to be made.

Delaware

The state of Delaware enacted a sexual harassment prevention law which will go into effect on January 1, 2019. The law requires employers to provide interactive training for employees, including additional training for managers.

 
Guidance Model Training Program (Final)
Employee threshold 50 or more employees in the state
Deadline to provide initial training By January 1, 2020 (within 1 year of the law's effective date)
Time to train new employees Within 1 year of commencement of employment
Further deadline guidance Employers who provided training that meets these requirements prior to January 1, 2019 do not need to provide additional training until after January 1, 2020
Frequency of Training Every 2 years
 

True Office Learning is continuing to review the law and is considering a learning solution to address the training requirements, likely as supplemental information provided in conjunction with the US Edition of our Sexual Harassment Prevention course.

 

Want to find out more about our latest state-specific courses? Get in touch.

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