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Sex Education for Minors?

As we previously reported, this past fall, Governor Jerry Brown signed into law AB 2338, which includes a provision requiring minors 14-17 years of age and their parents/guardians to receive sexual harassment prevention training prior to the issuance of an entertainment work permit by the California Labor Commissioner.  Earlier this week, the Department of Labor Standards Enforcement (“DLSE”) published its guidance regarding AB 2338 on its website.  The DLSE’s very brief guidance does answer some questions regarding the new law, yet leaves some unanswered.

First, the DLSE’s guidance notes that applicants for 10-day temporary entertainment work permits are exempt from the training requirement.

Second, it provides two options for 13-year-old minors who will reach their 14th birthday during the period of a six-month entertainment work permit: (1) apply for a permit which will expire on the minor’s 14th birthday; or (2) the Labor Commissioner will issue permits to minors at least 13 years and six months of age, who provide satisfactory proof of sexual harassment prevention training as an age-eligible minor.

Third, the DLSE’s guidance specifies that the sexual harassment prevention training must at a minimum include the components specified in the Department of Fair Employment and Housing’s form, DFEH Form 185.  This form includes general information regarding sexual harassment as well as employers’ responsibilities related to sexual harassment. The training must be administered by a third-party vendor and may be provided electronically or on site, in a language the participants understand.

Although AB 2338 went into effect on January 1, 2019, the DLSE has stated that, due to the “unavailability of third-party vendors and applicable materials at this time,” the Labor Commissioner will not enforce the new law until June 30, 2019.  Even following the DLSE’s guidance, questions remain regarding the new law, such as the required length of the trainings and which vendors will be deemed acceptable.  MSK will continue to monitor this area and will provide an update via its blog upon any further developments.

© 2019 Mitchell Silberberg & Knupp LLP

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About this Author

Jeremy Mittman, Mitchell Silberberg Law Firm, Labor and Employment, Litigation Attorney, Los Angeles
Partner

Jeremy Mittman represents management in litigation of employment-related matters, including discrimination, harassment, and retaliation, as well as state and federal wage and hour claims. Jeremy regularly counsels clients on compliance with employment-related laws and on enforcing personnel policies and procedures. Jeremy has extensive experience representing employers in a variety of industries such as financial services, security services, and numerous entertainment and media companies. In addition, Jeremy works with clients on multi-country HR projects involving...

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Hilary Feybush MSK Employment Lawyer
Associate

Legal Expertise

Hilary Feybush has extensive experience in representing employers in various litigation matters from single-plaintiff harassment, wrongful termination, discrimination, and retaliation claims to wage-and-hour class actions. Hilary advises employers regarding compliance with state and federal employment laws. She also focuses on matters related to breach of contract, fraud, ERISA and unfair business practices.

Representative Matters

  • Advised clients on issues pertaining to state and federal employment law, preparing company policies, procedures, handbooks, etc.
  • Drafted successful complex motions for summary judgment, motions to dismiss, and motions to compel.
  • Successfully assisted lead counsel in securities trial, which included drafting a motion for nonsuit resulting in judgment of nonsuit in favor of clients.
  • Assisted lead counsel in securing judgment in ERISA case before the U.S. District Court for the Central District of California.
  • Drafted response brief for appellee in the U.S. Court of Appeals for the Eighth Circuit after successfully drafting motion for summary judgment in the U.S. District Court.
  • Served as a mediator in almost a dozen small claims and civil harassment matters.  

Honors & Awards

  • "Southern California Rising Stars," Super Lawyers (2014 - 2018)

Professional, Business and Civic Affiliations

  • Beverly Hills Bar Association
  • Association of Business Trial Lawyers
  • Women Lawyers Association of Los Angeles

Other Career Experience

  • Associate, Gordon & Rees LLP (2012-2017)
  • Judicial Extern, United States District Court, Judge Andrew J. Wistrich, Central District of California (2009, 2011-2012)
  • Litigation Intern, NBCUniversal Television Group (2010)
  • Mediator, USC Gould of Law Mediation Clinic (2010)
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