Farm Labor Contractors

Special harassment prevention training rules apply to farm labor contractors.

In order to receive a farm labor contractor’s license, farm labor contractors must provide a written statement to the state Labor Commissioner certifying that their employees have received required sexual harassment training.1

Farm labor contractors must train supervisory employees for at least two hours each calendar year in the prevention of sexual harassment in the workplace, unlike the once every two years requirement for other employers.

Nonsupervisory employees also have to be trained at the time of hire and once every two years thereafter in identifying, preventing and reporting sexual harassment in the workplace.

The training can be administered by a licensee or appropriate designee of the licensee. The training, at a minimum, needs to include the following components:

• The illegality of sexual harassment.
• The definition of sexual harassment under applicable state and federal law.
• A description of sexual harassment, utilizing examples.
• The internal complaint process of the employer available to the employee.
• The legal remedies and complaint process available through the Civil Rights Department.
• Directions for how to contact the Civil Rights Department.
• The protection against retaliation provided under current law.
• The training must be provided in the language understood by the employee. You can comply with this requirement by either providing the training in that language or having the training interpreted for the employee.

These components can be found in the sexual harassment information sheets or pamphlets that employers need to give employees under Government Code section 12950. The trainer may use the text of the Civil Rights Department’s pamphlet — CRD-185 “Sexual Harassment” — as a guide to training, or may use other written material or other training resources covering the required information.

At the conclusion of the training, the trainer needs to provide the employee with a copy of the -185 pamphlet, and a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training.

The licensee must keep a record with the names of all employees who have received sexual harassment training for a period of three years.

Any farm labor contractor applying for license renewal must provide the Labor Commissioner with the following information from the previous calendar year (one year prior to the month the renewal application is submitted):

• A complete list of all harassment prevention training materials or resources used.
• The total number of agricultural employees who received harassment prevention training.

Failure to provide the training as required, or to keep required records, can result in a civil penalty of up to $100 for each violation.2

Janitorial Employers

Janitorial employers must provide employees biennial, in-person sexual violence and harassment prevention training for employees and employers.3 The training must be conducted in-person by a qualified trainer. Audio, video, webinar and other electronic methods may be used as supplemental tools in conjunction with in-person instruction, but they can’t solely fulfill the training requirements.

Employers must provide two hours of training to both supervisory and non-supervisory employees at least once every two years. New employees must be trained within six months of assuming their position.

Employers must maintain documentation of training for three years, including names of employees trained with sign-in sheet containing both the printed names and signatures of participants, dates of training, a copy of all certificates of attendance/completion, type of training, a copy of all written or recorded materials that comprise the training, the name of the training provider and a signed form (Sexual Violence and Harassment Prevention Training for Property Service Workers Employer Compliance Form) certifying that the training was provided as required.

The training must follow content developed by the Labor Occupational Health Program under the direction of the Department of Industrial Relations. It must include, at a minimum, the content-based training requirements in Government Code section 12950.1. It must also identify local, state and national resources for victims of sexual violence and harassment.

Local Elected Officials

Local agency officials, including local elected officials, must receive sexual harassment prevention training and education whenever those officials receive any type of compensation, salary or stipend.4 By creating a specific training requirement for these officials, this law resolves any ambiguity over whether local elected officials are considered supervisory employees subject to California’s mandatory sexual harassment prevention training requirements.

Local officials must undergo two hours of training within six months of taking office or starting employment and every two years thereafter. Local agencies must consult with the city attorney or the county counsel when developing the training. Training records must be maintained.

1. Lab. Code sec. 1684