Labor & Employment Law Blog

As employers of janitorial service providers already know, the Property Services Workers Protection Act (AB 1978), enacted in 2016, established a registration program for janitorial service employers and biennial “in-person” sexual violence and harassment prevention training requirements. This was followed by the passage of AB 547 in 2019, which further clarified the sexual violence and harassment prevention training requirements under AB 1978. This training created obligations for janitorial service providers in addition to the sexual harassment training required by the State of California under AB 1825. 

While legislation regarding sexual violence and harassment prevention training was passed in 2019, the Labor Commissioner’s office did not establish regulations for the training until July 2020.  However, as we know, in-person training was not possible at of that time due to the pandemic, and the training requirement was suspended. 

Tragically, California is reeling from the effects of two mass shootings in almost as many days, each one leaving in its wake shattered lives. These devastating events are on top of what is shaping up to be an especially violent year so far, with multiple mass shootings taking place less than one month into the year.

On September 29, 2020, Governor Newsom signed Assembly Bill 1963 expanding the list of mandated reporters in California.  Existing law, the Child Abuse and Neglect Reporting Act, requires mandated reporters to report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observe a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.  Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor punishable by up to six months of confinement in a county jail, by a fine of $1000, or both. 

In light of recent amendments to SB 1343, the California Department of Fair Employment and Housing (“DFEH”) issued an updated FAQ which sheds light on areas of ambiguity for employers regarding sexual harassment prevention training.   

On August 30, 2019, California Governor Gavin Newsom signed urgency legislation to extend the deadline to provide certain employees required sexual harassment training until January 1, 2021.  (Senate Bill 778).  Last year, Senate Bill 1343 amended Government Code section 12950.1 to require employers with five or more employees to provide two hours of sexual harassment prevention training to all supervisory employees and one hour of sexual harassment prevention training to all nonsupervisory employees by January 1, 2020.