California employers must remain diligent in meeting the State’s evolving harassment prevention training requirements, including requirements to maintain detailed records and documentation of all training activities and new obligations to produce those records in response to qualifying requests.
Training Requirements
As reminder, employers with five or more employees are required by California law to provide harassment prevention training to all employees through effective, interactive means. Mandatory training must occur within six (6) months of hire or promotion and every two (2) years after. Supervisors are required to receive at least two (2) hours of training, while nonsupervisory employees are required to receive at least one (1) hour of training. The California Civil Rights Department (CRD) is responsible for overseeing and enforcing these requirements.
Recordkeeping Requirements
In addition to providing harassment prevention training, employers must maintain records of all employee training for at least two years. These records should be kept on the employer’s premises. While they do not need to be submitted to the CRD, employers must be able to provide copies upon request.
Notably, the training record must include all the following information:
- The name(s) of the employee(s) trained;
- The date of training;
- The type of training (e.g., live/classroom, e-learning, webinar or other);
- The name of the training provider;
- The sign-in sheet (if used);
- A copy of all certificates of attendance or completion (if issued); and
- A copy of all written or recorded materials that comprise the training.
California Senate Bill 513, effective January 1, 2026, now also requires employers to include the following when maintaining any type of training or education records (including harassment prevention training records):
- The name of the employee;
- The name of the training provider;
- The duration and date of the training;
- The core competencies of the training, including skills in equipment or software; and
- Any resulting certification or qualification.
Employers and training providers must additionally retain the following specific information if e-learning or webinar training is used:
- E-learning: The training provider must retain all written questions and all corresponding written responses or guidance for two years from the date of the response. Employers should confirm with their training providers that this information is being properly maintained.
- Webinar: For two years following the webinar, the employer must keep a copy of the webinar, all written materials used by the training provider, and all written questions submitted during the webinar. The employer must also document all written responses or guidance provided by the training provider during the webinar.
Maintaining detailed and accurate documentation of harassment prevention training is critical for employers to demonstrate compliance with state regulations if the CRD audits the employer and/or a lawsuit is filed. These records can also serve as strong evidence that the employer is taking proactive steps to prevent workplace harassment and/or to provide other required or recommended training.
Kring & Associates, APC provides practical training to help employers stay compliant with evolving employment laws. Our key training offerings include Harassment Prevention, Wage and Hour Compliance, Fair Labor Standards Act (FLSA) Compliance, Workplace Violence Prevention, Workplace Investigator Training, and Leave Management. We also work with employers to provide additional training suited to their particular needs. Our training packages all include records compliant with applicable laws. Contact our attorneys to find the right training program to keep your workplace compliant with changing employment laws.
Kerri N. Kramer is a Partner specializing exclusively in employment law. Her primary work involves helping keep employers out of PAGA and similar actions, defending employers when such claims cannot be avoided, and providing practical workplace training to employers. She can be reached at (949) 393-1400 or [email protected]. Francesca Gonzales is a law clerk at the Firm.