1. Labor Commissioner's Office

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.

Enforcement: AB 2338 (codified at Labor Code sections 1700.50 – 1700.54) went into effect on January 1, 2019.

AB 3175 requires applicants for entertainment work permits, who are between 14 -17 years of age, to complete training in sexual harassment prevention, retaliation, and reporting resources prior to obtaining an entertainment work permit.

Enforcement: AB 3175 (codified at Labor Code section 1700.52) went into effect on September 25, 2020.

Talent Agencies:

Talent agencies operating in California must provide their adult artists with educational materials on sexual harassment prevention, retaliation, reporting resources, nutrition and eating disorders.

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.

Talent Agencies with 5 or more Employees must provide Sexual Harassment Prevention Training to its supervisory and nonsupervisory employees.
Follow this link for instructions:
https://calcivilrights.ca.gov/shpt

Entertainment Work Permit Applicants:

Applicants for entertainment work permits between 14-17 years of age (age-eligible minors) must complete training in sexual harassment prevention, retaliation, and reporting resources using the online training course made available on the internet website of the Civil Rights Department (CRD) prior to obtaining an entertainment work permit.

Requirements

Note: Due to the emergency nature of AB 3175, these requirements take effect immediately.

The parent or legal guardian of an age-eligible minor must ensure that the minor completes the sexual harassment prevention training using the online training course made available on the CRD's internet website pursuant to Section 12950.1 of the Government Code.

The minor must be accompanied by a parent or legal guardian during the training.

The parent or legal guardian must certify to the Labor Commissioner that the training has been completed.

Applicants must provide satisfactory proof of sexual harassment prevention training to the Labor Commissioner in the form of a certificate of completion from the CRD's internet website.

Training for each age-eligible minor, accompanied by their parent or legal guardian, shall be in the language understood by that person, whenever reasonably possible.

The sexual harassment prevention training must be completed every 2 years from the most recent completion date.

Options for 13-year-old minors turning 14

Applicants for entertainment work permits who are 13-year-old and will reach their 14th birthday during the six-month permitting period have the following options:

  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, pursuant to the above requirements, as an age-eligible minor.

March 2023