Employer Bulletin April 2023

This Bulletin is part of an on‐going series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.

Employee Harassment Training – Are You Up to Date?

  1. Which Employers Are Required to Train Employees?

As of January 1, 2019, all employers with 5 or more employees must provide sexual harassment prevention training to all employees.

  1. How Much Training Is Required?

All employees who are in non‐supervisory roles must have one hour of training within six months of hire and every two years thereafter. Employees in a supervisory role must receive two hours of training within six months of hire or promotion and every two years thereafter. You need to keep records of all training and make sure every employee stays up to date.

  1. Do I Have To Pay Employees For Training Time?

Yes. You must pay employees for the time spent in training at their regular rate of pay.

  1. Can Training Be On‐Line?

Yes. However, any on‐line training must be done by a qualified trainer, must be interactive, and the trainees must have the opportunity to ask the trainer questions and receive an answer within two business days after asking the question.

  1. What Happens if I Don't Provide the Required Training?

If you don't provide the required training and your company gets sued, all bets are off. It is hard to successfully argue that there was no sexual harassment when your employees have not been trained. In fact, it's usually the first question asked. In addition to losing a lawsuit, you could face civil penalties, punitive damages, and any other penalties the judge feels are appropriate. There is also potential personal liability. It's important to comply with the training requirements.

Contact us with any questions or concerns. We’re here to help.

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