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An important update on mandatory Sexual Harassment Prevention Training Regulations
Plus…….new regulations not just for California Businesses
In the last year businesses in California have been informed of AB 1825, the Sexual Harassment Prevention and Training requirement. There has been intense discussion and interpretation of the law. As 2007 starts, let’s look at the most recent interpretation of the regulations for any businesses with employees in California. Remember, California often leads the way, and sets the standard in employee law and protection, so even though your business is not covered by this regulation, Sexual Harassment and Discrimination Education and Prevention Training is just good business. The average cost of a sexual harassment lawsuit is $200,000. Understanding the laws and requirements is critical for all employees, regardless of location. Let’s look at a quick overview and then dig into some of the details. Who needs to be trained? All businesses with 50 or more employees must provide supervisory training. How does an employer count the number of employees? Full time and part time employees as well as independent contractors and seasonal workers may be counted. Temp employees and those hired through a temp agency are also counted. If you have employees who work primarily in offices outside the state but do business in California, they may be counted. When in doubt, over-train. Remember in a court of law, you will have to show that you have taken all necessary and reasonable steps to stop sexual harassment. What are the compliance deadlines? The deadline for covered employers to provide training was January 1, 2006. A covered employer has 6 months to comply. A newly hired or promoted employee must receive training within 6 months. What types of training may be used? The important word is interactive. Classroom style training, webinars, e-learning and other equally interactive training may be acceptable. Here is where the devil is in the details. Classroom training must be conducted by an instructor who is considered a sexual harassment expert, and the training must be conducted in a setting removed from the supervisor’s daily duties. E-learning is individualized, interactive, computer based training, whose content was developed by a qualified subject matter expert. The trainers and subject matter expert must be available to answer questions and provide guidance and assistance to those taking the e-learning training. Webinar is an internet based seminar created and taught by a qualified trainer. An employer using a webinars format must be able to document and demonstrate that the employee has actually attended the whole session. Who can conduct the training? Gone are the days when managers, owners or human resource personnel can conduct the training. Providing a sexual harassment video outside of the context of a planned and appropriate training will not hold up if your business is audited or if you should find yourself in a court of law. The new interpretation of the regulations addresses this issue specifically and outlines the requirements of trainers. Trainers and educators “shall be subject matter experts” who have legal education, coupled with practical experience in training, or substantial practical experience in training in harassment, discrimination and retaliation prevention. How long must the training take? The training must be at least two hours in duration. An employee may take the training in at least 30 minute increments. E-learning must have a bookmark to return the employee to where they left off. How do employers track training? They have two options including individualized training documentation or “training year documentation”. If an employee uses the training year option, they must make arrangements for those new and promoted hires to have training in between the scheduled regular training. For further questions regarding Sexual Harassment Prevention and Education please contact Holly Seaton, Ph.D., or visit OTLConsulting.com Why Outside the Lines Consulting is a good choice for your Sexual Harassment Education and Prevention Training? We provide businesses with a choice of training. Classroom style training at your location is not only the best choice to decrease your liability and protect your employees, but our qualified and expert trainer will ensure an interactive, informative and interesting experience for your employees. We not only address the needs of the law, but lively and interactive discussions of this often complex issue, supply your employees with skills and tools to handle situations appropriately and legally. If you should chose e-learning to train your employees, our on line course was created to focus specifically on the hospitality business, unlike other e-learning options. Our on-line course was created by a qualified content expert and trainer, who meets the complex qualifications of AB 1825. We are also available to answer questions after an employee takes the online course. Our users also receive a certificate of completion for employment records. For a free consultation or to discuss your training needs contact: OTL Consulting at 707.933.0687 or visit OTLConsulting.com 2006 Hospitality Industry Wage & Benefit Salary Survey Results are in! Outside the Lines, Inc has released the reports of their Annual Wine, Full-Service Restaurant and Hotel/Lodging Industry Wage and Benefits Surveys. Each of these comprehensive surveys are targeted specifically to the respective industries and cover entry level through senior management positions for companies throughout the United States & Canada. The surveys were open for participation to qualifying companies from September 1 through December 31, 2006.
New opportunities with Outside the Lines, Inc High-End, Professional, Executive Administrative / Personal Assistant We are now conducting a Wine and Hospitality Industry Turnover Survey.  |
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