Entertainment Industry Sexual Harassment Prevention Training Requirements
AB 2338 requires talent agencies to provide educational materials on sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to its adult artists.
AB 2338 requires applicants for entertainment work permits receive and complete training in sexual harassment prevention, retaliation, and reporting resources administered by a third party vendor.
Enforcement: AB 2338 (codified at Labor Code sections 1700.50 – 1700.54) went into effect on January 1, 2019.
Talent agencies operating in California must provide their adult artists with educational materials on sexual harassment prevention, retaliation, reporting resources, nutrition and eating disorders.
- Educational materials regarding sexual harassment prevention, retaliation, and reporting resources must be provided to adult artists and at a minimum must include the components specified in the Department of Fair Employment and Housing’s form, DFEH Form 185.
- Educational materials regarding nutrition and eating disorders must be provided to adult model artists and at a minimum must include components specified on the National Institute of Health’s Eating Disorders webpage.
Labor Code section 1700.54 makes it a violation to fail to ensure that educational materials are made available to an adult artist, fail to make available educational materials in a language understood by the artist, or fail to request and retain a minor’s entertainment work permit. The Labor Commissioner has the right to inspect or investigate whether talent agencies comply with AB2338 requirements (Labor Code section 1700.54) and to revoke a license for any violation of the Talent Agencies Act (Labor Code section 1700.00 et seq.). Enforcement will commence June 30, 2019.
Talent agencies must request and retain a copy of a minor’s entertainment work permit prior to representing or sending the minor artist on an audition, meeting, or interview for engagement of the minor’s services.
For additional guidance, please refer to the following letter:
- Amended Letter to Talent Agents regarding sexual harassment prevention training responsibilities per AB 2338 (June 2019)
Entertainment Work Permit Applicants:
Minors, between 14-17 years of age, and their parents or legal guardians must receive and complete training in sexual harassment prevention, retaliation, and reporting resources prior to obtaining an entertainment work permit.
The sexual harassment prevention training must (1) at a minimum include the components specified in the Department of Fair Employment and Housing’s form, DFEH Form 185; (2) be administered by a third-party vendor, on-site, electronically, via Internet Web site, or other means; and (3) be provided in a language the participant understands.
Applicants must provide satisfactory proof of sexual harassment prevention training in the form of a certificate of completion, or other format, before obtaining a minor’s entertainment work permit. The following information should be provided with the application:
- Vendor information, including the vendor’s name and contact information. You may attach a business card or the equivalent (e.g. flyer);
- Course title;
- Date the course was successfully completed;
- Participant’s name; and
- The name and signature of the person who administered the training, or in case of an unadministered training (e.g. online course), the participant’s name and signature certifying completion.
Exemption for 10-Day Temporary Permits
Applicants for 10-day temporary entertainment work permits are exempt from the training requirement.
Options for 13-year-old minors turning 14
Applicants for entertainment work permits for 13-year-old minors who will reach their 14th birthday during the six-month permitting period have the following options:
- Apply for a permit which will expire on the minor’s 14th birthday
- 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.