SB 1343: What California Employers Must Do Right Now

California Government Code § 12950.1 — better known as SB 1343 — requires every employer with 5 or more employees to provide sexual harassment prevention training. If you haven't done it, or haven't done it recently, your exposure is real.

What the Law Requires

Supervisors: At least 2 hours of interactive training every 2 years. Training must cover:

• Definitions of sexual harassment (quid pro quo and hostile work environment)
• All 18 FEHA protected categories
• Supervisor mandatory reporting obligations
• Abusive conduct / workplace bullying (Lab. Code § 12950.1(c))
• Bystander intervention — the 5D Method (SB 778)

Non-supervisory employees: At least 1 hour of interactive training every 2 years.

New hires and newly promoted supervisors: Training must be completed within 6 months of starting the role.

Who Is a Supervisor?

This is where most employers get tripped up. Under Gov. Code § 12926(t), a "supervisor" is not defined by job title — it's defined by duties.

If an employee:

• Directs the work of other employees
• Has authority to hire, fire, promote, or discipline
• Effectively recommends any of the above

...they are a supervisor under FEHA — even if their business card says "Lead" or "Senior."

What Happens When You Don't Comply

The California Civil Rights Department (CRD) actively investigates complaints. When harassment claims are filed, regulators will ask for training records first. If you can't produce them:

• Training deficiency is cited as evidence of a hostile work environment
• Employer loses "reasonable care" defense under Faragher/Ellerth
• PAGA plaintiffs can add training violations to their claim stack
• Penalties compound: $100/employee for initial violations, $200 for subsequent

The Catch-Up Problem

Seasonal workers, new hires mid-year, and employees returning from leave all create "compliance gaps." The law requires that they receive training within 6 months. Most employers don't track this — which means most employers have gaps.

A catch-up webinar within 12 months of hire or return is the practical solution.

What to Do

1. Audit your training records — when was each employee last trained? (2-year clock)
2. Identify your supervisors — by duties, not titles
3. Schedule interactive training — recorded videos alone don't satisfy the "interactive" requirement
4. Document everything — sign-in rosters, certificates, curriculum attestation

Need help? Book a free compliance call — we'll audit your training status in 30 minutes.