Legal Update: California Assembly Bill 2053 and Senate Bill 1087

Today we will cover two new laws that recently went into effect in California.

The first, Assembly Bill 2053 is an anti-bullying law that increases the training requirements for employers that already must provide mandatory anti-sexual harassment training.

California Assembly Bill 2053 mandates that certain California employees provide workforce anti-bullying training in addition to already-required sexual harassment training. California employers are required to expand their AB 1825 training program to address abusive conduct beginning on January 1, 2015.  Examples of what constitutes abusive conduct include repeated use of insults, derogatory remarks, and epithets; threatening, intimidating or humiliating verbal or physical conduct; and the gratuitous sabotage of a person’s work performance. The AB 2053 training excludes a single act in its definition of abusive conduct unless it is especially severe and egregious.

The second, Senate Bill 1087 is a new anti-sexual harassment law that is specific to California’s Agricultural Industry.

Senate Bill 1087 (SB 1087) is a California Senate Bill which mandates that all California Farm Labor Contractors (FLC) applicants for a new or renewal FLC license attest that their supervisorial employees received two hours of annual sexual harassment prevention  training (as compared to bi-annual supervisor training required for supervisors of employers with at least 50 employees in other industries)

Requires applicants for an FLC license or license renewal to attest that agricultural workers hired by the FLC were trained on sexual harassment prevention at the time of hire and at least every two years thereafter; Forbids issuance of an FLC license to any person who has committed sexual harassment within the last three years; Adds knowledge of prevention and identification of sexual harassment to the examination taken to obtain an FLC license; Increases the required annual continuing education training for FLCs from 8 hours to 9 hours, one hour of which must pertain to sexual harassment.




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