Labor law update: what's new for 2006 and how to make sure you're in compliance.

• Author: Terman, Mark E.
• Position: EMPLOYMENT LAW

A report by the California Labor Workforce Development Agency, www.labor.ca.gov/laborlawreg.htm, reveals that 477 labor and employment laws were passed by the California Legislature and signed by former Gov. Gray Davis from 1999-2003. In those years, many employers felt like employment regulation was changing every 10 minutes and they questioned whether or not California was the right state in which to do business.

By contrast, 2005 marked a second year of split political control between the Legislature and Gov. Schwarzenegger, and an apparent awareness in Sacramento that California needs to retain employers. There were much fewer labor laws both passed by the Legislature and signed by the governor in 2005.

The most significant new laws that California businesses need to educate themselves on for 2006 follow.

MANDATORY ANTI-HARASSMENT TRAINING FOR SUPERVISORS

California Government Code Sec. 12950.1, enacted last year as AB 1825, requires employers with 50 or more workers to provide a minimum of two hours of anti-harassment training and education to all supervisors by Jan. 1, 2006.

Compliant training that has occurred since Jan. 1, 2003, will count toward the requirement.

Training must be repeated every two years and new supervisors must complete the training within six months of attaining a supervisory position.

Under this statute, "employer" includes those who regularly employ 50 or more persons or regularly receive the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directly or indirectly. Count independent contractors, agents and temporary workers among those who fit the above description.

The training must be interactive and presented by trainers with knowledge and expertise in the prevention of harassment, discrimination and retaliation, and they must give practical examples in their instruction.

The program must provide information and guidance about:

* Federal and state laws that prohibit sexual harassment;

* Procedures and methods to prevent and correct sexual harassment, discrimination and retaliation; and

* Remedies available to victims of sexual harassment.

Employers who have not yet conducted the training should schedule it now. If your in-house human resources personnel do not have the required level of experience with these issues to deliver a compliant program, hire outside human resource professionals or lawyers who do.

While the statute states...