Update: New Deadline is January 2021
New Requirements Starting January 1, 2021
By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California within six months of their assumption of a position. This training must be provided once every two years.
Currently, the law does not include sales agents or individual brokers retained as independent contractors. However, from a risk management perspective, C.A.R. strongly suggests “the responsible broker take the supervisory training along with all other persons who supervise agents or employee. This will include anyone who is in a position to hire, fire, reward or discipline an employee or independent contractor licensee, or who has the responsibility of directing an employee or independent contractor licensee. This recommendation applies regardless of how many employees or independent contractors have been retained.”
FAQ’s:
- For employee training: If you have five or more employees or even five or more salespersons or brokers (even if they are independent contractors), then by January 1, 2020, all employees must have taken the one-hour training.
- For sales agent training: The law currently does not require sales agents or brokers retained as independent contractors to take the training. However, as mentioned above, proposed regulations which may be adopted in 2019 could expand the requirement to include independent contractors.
In any event, since real estate agent to client liability was expanded, it is highly recommended that sales agents take the training too, even if retained as independent contractors. - For supervisor training: If you have five or more employees or five or more independent contractors (salespersons or broker associates), then by January 1, 2020, all “supervisory employees” must have taken the two-hour supervisor training. Please note that many supervisors/office managers are employees, and if so, they would be required to take the training.
Resources:
- For more information from C.A.R. Click here (login required).
- For more information from the California Department of Fair Employment and Housing click here.
- To view the Fair Housing & Housing Council Proposed Final Text of Employment Regulations Regarding Definitions; Harassment and Discrimination Prevention and Correction; and Training click here.
- For Supervisors/Managers: Register Here
- For All Non-Supervisory Employees: Register Here