Employers in the live entertainment business must comply with the law of the workplace in every state in which they operate. California, Connecticut and Maine currently have statutes mandating that employers train their managers on preventing workplace harassment, particularly sexual harassment. The California statute, Assembly Bill 1825 (A.B. 1825), which was enacted in 2004, requires employers to provide at least two hours of effective training to all “supervisory” employees on the prevention of sexual harassment, discrimination and retaliation. A.B. 1825 applies to employers that regularly employ 50 or more employees or regularly receive the services of 50 or more persons (including independent contractors and temporary workers). Failure to comply with the mandatory training can be powerful evidence against an employer confronted with a sexual harassment or discrimination claim because it can be used to try to show, among other things, that the employer condones or is indifferent to harassment and discrimination or does not properly supervise and train its supervisors. Here are “Ten Things You Need to Know” about such training.
1. Know when training is next due.
California’s initial sexual harassment training deadline was December 31, 2005. Since then, management must provide two hours of sexual harassment training to each supervisory employee every two years. New supervisors must be trained within six months of assuming their supervisory position and then once every two years, which can be measured either by an individual or “training year” tracking method.
You may designate a “training year” in which you train some or all of your supervisory employees and then you must retrain those supervisors by the end of the next training year two years later. Thus, supervisors trained in 2009 must be retrained in 2011. For newly hired or promoted supervisors who receive training within six months of assuming their supervisory positions (and whose training follows in a different training year), you may include them in the next group training year even if it occurs sooner than two years later. You cannot extend the training year for the new supervisors beyond the initial two-year training year....
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