New California Laws Part 6- Anti-Harassment Training, Human Trafficking Notice, and Construction Contractor Liability

Anti-Harassment Training:

CA S.B. 396 will require employers with 50 or more employees to add to their two-hour supervisory training on sexual harassment already required to take place every two years.  Now, anti-harassment training must include “practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation,” and must be “presented by trainers or educators with knowledge and expertise” in these areas. 

The new law also requires employers with five or more employees to post a new workplace notice, to be developed by the Department of Fair Employment and Housing, regarding transgender rights.

Another new law, S.B. 295, requires that farm labor contractors comply with existing requirements to conduct sexual harassment training for certain employees by providing the training in the language understood by the employee.

How to Prepare

-Update sexual harassment training to include information regarding gender identity, gender expression, and sexual orientation.

-Post the DFEH new poster in the workplace by the first of the year (https://www.dfeh.ca.gov/

wp-content/uploads/sites/32/2017/08/DFEH_

TransgenderRightsWorkplace_ENG.pdf).

 

Human Trafficking Notice

CA A.B. 260 expands existing posting requirements regarding human trafficking and assistance hotlines to additional employers. The new law includes hotels, motels, and bed and breakfast inns, and S.B. 225 will require new language in the notice to state that person can text a specified number for services and support.

How to Prepare

-Ensure the notice is in place and incorporates the new language. 

 

Construction Contractor Liability:

CA A.B. 1701 applies to contracts entered into on or after January 1, 2018, and makes general contractors responsible for any payments owed to a wage claimant (or third party on a wage claimant’s behalf) by their subcontractors if the claimant’s work is a subject of the contractors’ relationship. Liability extends to unpaid wages, fringe or other benefit payments and contributions, including interest owed, but it does not extend to penalties or liquidated damages. The new law also requires subcontractors to provide payroll records to general contractors upon request. Finally, general contractors may establish remedies by contract for liabilities incurred on behalf of subcontractors.

How to Prepare

-General contractors should review agreements with subcontractors and include appropriate indemnification provisions. They should

-Discuss proper wage and benefit practices with subcontractors.

-Request to review subcontractors’ payroll records where wage compliance may be an issue.