5 workers drive CA SHPT: Who Counts in the Forceful Five?

Types of CA Workers Triggering the CA SHPT Requirement

The California Department of Fair Employment and Housing (DFEH)’s regulations state that “employees” for the threshold determination purpose include: 

• full-time employees
• part-time employees
• temporary and seasonal workers
• unpaid interns
• volunteers, and
• independent contractors (“1099” workers)

This explains why this article is entitled the “Five Worker Threshold” and not the “Five Employee Threshold”.

Because even non-employees (1099s) who do NOT have to be trained by the employer, count towards the threshold.

Other “Worker” Types That Might Be Included in the Five

In addition to the workers above, there’s some evidence that others might count as well.  The DFEH may interpret these groups as being part of the count for the purposes of triggering the threshold:

• employees currently on leave

• owners of the business, and

• family members active in the business, whether they are on payroll or not

We are seeing that the DFEH is using very liberal criteria in order to qualify as many businesses as possible being subject to the training requirement.

Who Must Train: NOT The Same as Threshold Worker Types

Strangely, while contractors, unpaid interns, volunteers, and employees outside of California count in the five workers, they do NOT need to be trained in sexual harassment prevention by California employers.

And the law explicitly recognizes that temps supplied by a temporary staffing firm should be trained by that firm.

Beyond the statutory requirements, however, lies common wisdom.

If any worker could harass or be harassed by California workers, providing training could give benefits far beyond the legal requirements.

Employers don’t need to train: 

• independent contractors
• unpaid interns
• volunteers
• employees under different state training requirements, and
• temps from temp agencies.

Conclusion

If your business has five or more persons associated with making it run, you are probably required to provide CA SHPT to your employees.  Buy compliant training online today from California Required Training Solutions.

Too Complicated?

We make it easy.

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At California Required Training Solutions, we know the importance of getting your folks compliant with minimal disruption to the business. We offer full purchaser and student customer support by telephone, email, and platform private messaging seven days a week with response times averaging less than four hours. Choose California Required Training Solutions to get compliant with California's sexual harassment prevention training requirements today.