Early hints about proposed regs
A Jackson Lewis lawyer recently got his hands on a copy of the draft regulations being considered by the Fair Employment and Housing Commission (FEHC). The FEHC is responsible for issuing regulations to help enforce AB 1825.
Significantly, the draft regulations (which still have to be officially proposed, then opened for public comment, then revised, and then finalized) indicate that any "substantial good faith effort to comply" by employers with the law will be sufficient, even if the final official regulations require something else. In other words, if an employer makes a "substantial good faith effort to comply" by the end of 2005, it won't have to re-train all its supervisors, even if the training missed some element specified in the (yet-to-be-issued) regulations.
Additionally, the draft regulations indicated:
Significantly, the draft regulations (which still have to be officially proposed, then opened for public comment, then revised, and then finalized) indicate that any "substantial good faith effort to comply" by employers with the law will be sufficient, even if the final official regulations require something else. In other words, if an employer makes a "substantial good faith effort to comply" by the end of 2005, it won't have to re-train all its supervisors, even if the training missed some element specified in the (yet-to-be-issued) regulations.
Additionally, the draft regulations indicated:
- that employers must count employees not in California when determining whether to comply with AB 1825 (i.e., even if a company has fewer than 50 employees in California, it would have to provide training if it has more than 50 employees total counting both those in-and-out of California), and
- that employers must train all personnel who "supervise" California employees, even if the supervisor does not work or reside in California (i.e., if your IT manager is in Bangalore, you have to give that manager AB 1825 training if the person supervises IT workers in California).
This entry was posted
on Tuesday, November 08, 2005 at 7:56 PM.
