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AB 1825 Sex Harassment Trainer

A free resource for California employers about the sexual harassment training law (AB 1825).

Author says train out-of-state supervisors

Thursday, June 23, 2005
In a recent online presentation, former Assemblyperson Sarah Reyes, the author of AB 1825, directly addressed the question of whether companies had to train managers who are located outside of California. She confirmed that everyone who supervises California workers – no matter where they're located – need AB 1825 training.

Ms. Reyes was specifically asked whether AB 1825 has "any extraterritorial reach"? Her immediate answer: "Yes."

Ms. Reyes warned covered employers: "Managers, even though they may be in Texas, or they may be in Ohio, they're subject because they may be managing those people in California."

She emphasized that companies cannot avoid AB 1825 training simply by not having any "supervisors" in California. She said, "You can have 50 employees here and have all your managers in Texas, well, all those managers in Texas are subject to this law, so you would have to train those managers in Texas."

Avoid nude interviews

Wednesday, June 22, 2005
If you train supervisors on preventing sexual harassment, it's apparently necessary to emphasize that they shouldn't conduct job interviews in the nude. Unless, as the Evening Times points out, those supervisors are ready to lose their "job, house, and pals." link

The nude interview took place in Glasgow, Scotland. I always thought the question concerned what Scots wore under their kilts.

Thanks to Confined Space, the premier (or, at least my favorite) proggy-workplace safety blog, for catching this case.

Newer new I-9 form

Monday, June 20, 2005
Hey, the feds re-jiggered the I-9 form again. They simply replaced the one I wrote about last week with a new one. link

It's got the same OMB number (1615-0047) as the last "new" form; they revised it without changing that. (If you want to see the last "new" form, the one they'd released last week, click here.)

Basically, they went back to the old INS form but "rebranded" (as they say) it with the new initials (e.g., USCIS and ICE), and took all the initials off the document lists (thereby correcting a typo in the last "new" form). And, they deleted the note saying the old forms could be used only through 12/31/05.

Ahh, well, always something new.

AB 1825 Webinar (free!)

Friday, June 17, 2005
I'm pleased to announce that LawRoom's AB 1825 Webinar is now online.

It's our latest-and-greatest analysis. Who must comply. What must you do. When must you do it. Etc.

And it's free. Please check it out.

AB 1825 Free Webinar

New I-9 form

Thursday, June 16, 2005
It's time to replace old I-9 forms....

The old I-9 "Employment Eligibility Verification" form issued by the DOJ's now-defunct INS has been superseded by the Department of Homeland Security's US Citizenship and Immigration Service's new I-9 form.

They didn't change the acceptable-document list (we've been waiting since 1997 for that), mostly they just changed the agency names. Plus, they added a note that the old I-9 forms may continue to be used until 12/31/05.

A Littler more strange advice

Wednesday, June 15, 2005
The US Supreme Court recently ruled that federal agents can prosecute/persecute dying cancer patients for using marijuana despite state laws permitting medical pot. link

Although the decision had nothing to do with employment law, it did give employment-law firm Littler Mendelson an opportunity to crank up its PR machine to try to find some employment-law-related wisdom to spin out.

What they suggest, however, is strange. Curiously, Littler appears to suggest that employers have workers slowly taper off dope smoking at work rather than stop it all at once.

In Littler's June 2005 ASAP, they write: "employers can refuse to consider accommodations that would acknowledge or support illegal activity." Despite this accurate and succinct statement, they continue with this advice: "a 'reasonable' accommodation is likely to include steps like allowing an employee the opportunity to transition to another medication (e.g., Marinol) or other treatment." (emphasis added)

In other words, ask your worker Bud to lighten up lighting up bud. I imagine their suggested conversation goes something like:

"So, Bud, we understand you have glaucoma, but do you think you can cut back on your dope a bit? You know, one joint less a day should do it."

Supervisors outside California

Wednesday, June 01, 2005

Jennifer writes:
    Our company (well over 50 employees) has a plant located in California. My question is: is it safe to assume that the specifics of this law apply only to training supervisors located inside California? In other words, are we required to train our supervisors in Pennsylvania, Oklahoma or in the international offices under the same requirements as well?
I reply:

Generally state laws (and enforcement agencies) only control what go on in their own (and not other) states. So, the training requirement of AB 1825 is likely to be applied only to supervisors who supervise employees working in California.

Note that I didn't say "supervisors in California," however, because my best guess is that an employer cannot escape the training mandate by having supervisors located out-of-state (or out-of-country). So, if someone directs California workers — no matter where they're located — they should be trained.

In other words, if an engineer in Bangalore is supervising coders in San Francisco, I believe that this supervisor must receive AB 1825 training because they supervise employees in California.

But, if a New York supervisor only directs non-California workers, AB 1825 wouldn't apply.

That's my interpretation. Of course, when (and if) the state puts out regulations, we may have a more definite answer.

SF 49ers training sex tape

Don’t let this happen to you.

Training professionals routinely warn employers to avoid creating trouble by providing problematic training programs.

The San Francisco 49ers recently presented a course that they're likely to regret. Although intended (and likely perceived) as a lighthearted coverage of media dos-and-don’ts for professional football players, the video, starring 49ers public relations director Kirk Reynolds, includes racial stereotyping, suggestive language, explicit swearing, lesbian sex play, and a co-ed nude shower scene.

The video, separated into segments for (sl)easy viewing, is at SFGate.com; start with their warning message/disclaimer.

If you want to experience just the "low lights" of the production, I suggest (download the links and open with QuickTime):

Plus, there's clueless irony:

"Everything you do and say is covered by the media…. If you do something controversial, if you say something controversial, it will have an impact on this team."
— SF 49ers public relations director Kirk Reynolds (segment 7)