Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide educational materials on sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to its artists, would require those educational materials to be in a language the artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require, prior to the issuance of a permit to employ a minor in the entertainment industry, that an age-eligible minor and the minors parent or legal guardian receive and complete training in sexual harassment prevention, retaliation, and reporting resources. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills education and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide educational materials on sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to its artists, would require those educational materials to be in a language the artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require, prior to the issuance of a permit to employ a minor in the entertainment industry, that an age-eligible minor and the minors parent or legal guardian receive and complete training in sexual harassment prevention, retaliation, and reporting resources. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills education and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide educational materials on sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to its artists, would require those educational materials to be in a language the artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require, prior to the issuance of a permit to employ a minor in the entertainment industry, that an age-eligible minor and the minors parent or legal guardian receive and complete training in sexual harassment prevention, retaliation, and reporting resources. The bill would authorize the commissioner to charge a fee for this training, not to exceed $25 for each minor trained. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills education and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide training and educational materials, where applicable, educational materials on sexual harassment prevention, retaliation, nutrition, and reporting resources and nutrition and eating disorders to its employees and artists, would require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant training and educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require the commissioner, require, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the that an age-eligible minor and the minors parent or legal guardian with receive and complete training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. and reporting resources. The bill would authorize the commissioner to charge a fee for this training, not to exceed $25 for each minor trained. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, education and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, would require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant training and educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would authorize the commissioner to charge a fee for this training, not to exceed $25 for each minor trained. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, would require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant training and educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to provide confirm with the commissioner with a complete list of all materials or resources utilized to provide training. that it has and will continue to provide the relevant training and educational materials.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed.

Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.

This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to provide the commissioner with a complete list of all materials or resources utilized to provide training.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.

This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.

This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2338

Author:(Levine)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: L. & E.

SUMMARY: Requires talent agencies to provide educational materials on sexual harassment prevention, retaliation, nutrition and eating disorders to its adult artists. Requires a parent or legal guardian of a minor between 14 to 17 years of age, as well as the age-eligible minor, receive training in sexual harassment prevention, retaliation, and reporting prior to the issuance of an entertainment work permit by the Labor Commissioner (LC). Provides that failure to comply with these requirements would expose talent agencies to civil penalties imposed by the LC.

The Senate amendments:

1. Remove the requirement for talent agency employees who work with artists to receive sexual harassment training within 90 days of hire.
2. Remove the requirement for the LC to provide sexual harassment and retaliation materials to licensees and instead directs the licensee to the Department of Fair Employment and Housing (DFEH) information sheet on sexual harassment.
3. Remove the requirement for the LC to provide training materials on eating disorders and instead directs licensees to a specific Webpage on the National Institute for Health’s Website that contains information on eating disorders.
4. Narrow minors receiving training to minors between 14 and 17 years of age.
5. Remove the requirement to provide information on nutrition and eating disorders to minors.
6. Change the minimum standard for sexual harassment training for age-eligible minors and parents and guardians of age-eligible minors from receipt of the DFEH information brochure on sexual harassment and DFEH poster on employment discrimination to simply the receipt of the DFEH information brochure on sexual harassment and requires that this information is provided by a third party vendor, on-site, electronically, via Internet Web site, or other means.

FISCAL EFFECT: According to the Senate Appropriations Committee, the DIR would likely incur annual costs in the hundreds of thousands of dollars (Labor Enforcement and Compliance Fund).

COMMENTS: According to the author, "Hollywood has recently dealt with several revelations relative to sexual assault and misconduct. We are learning more about the decades of this kind of abuse and the clear need for awareness among artists and employees to be able to identify and curtail sexual harassment." The author cites a USA Today article which surveyed 843 women in the entertainment industry and found that 94% say they’ve experienced harassment or assault. (How common is sexual misconduct in Hollywood, USA Today, 2/2018) The author also states, "Unhealthy diets among models are common. Anecdotally, we have heard about models eating a rice cake diet, or eating cotton balls dipped in juice to stay thin. Studies indicate that as many as 40% of models may currently be suffering from some kind of eating disorder."

This bill is one of a number of bills introduced this legislative year to expand or create industry-specific sexual harassment and prevention training programs in response to the recent revelations of sexual harassment throughout the state and the #MeToo movement.

Analysis Prepared by: Jennifer Richard / L. & E. / (916) 319-2091 FN: 0004971

 THIRD READING  

Bill No: AB 2338

Author:

Amended: 8/24/18 in Senate

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 5-0, 6/19/18

AYES: Lara, Stone, Jackson, Mitchell, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 73-1, 5/31/18 - See last page for vote

SUBJECT: Talent agencies: education and training

SOURCE: Author

DIGEST:

This bill requires talent agencies to provide educational materials on sexual harassment prevention, retaliation, nutrition and eating disorders to its adult artists. This bill also requires the parent or legal guardian of a minor between 14 to 17 years of age, as well as the age-eligible minor, receive training in sexual harassment prevention, retaliation, and reporting prior to the issuance of an entertainment work permit by the Labor Commissioner. This bill provides that failure to comply with these requirements would expose talent agencies to civil penalties imposed by the Labor Commissioner.

Senate Floor Amendments of 8/24/18 remove provisions in the bill that: 1) require the Labor Commissioner to approve a third-party vendor that can provide the required sexual harassment prevention training, and 2) authorize the Labor Commissioner to charge a $25 fee to a parent or legal guardian of each minor trained, a provision now irrelevant because previous amendments removed the requirement of the Labor Commissioner to provide the training.

ANALYSIS:

Existing law:

1. Defines “licensee” as a talent agency which holds a valid, unrevoked, and un-forfeited license to operate. (Labor Code §1700.3)
2. Defines “talent agency” as a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist(s), as specified. (LC §1700.4)
3. Defines “artists” as actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (LC §1700.4)
4. Provides for a licensure process for talent agents who wish to represent artists. This includes registration fees and requirements to obtain a license, bond requirements, fee schedule requirements, recordkeeping requirements, and restrictions on contracts with artists. (LC §§1700.5 to 1700.45)
5. Requires the written consent of the Labor Commissioner in the form of a permit to employ a minor, under the age of 16 years, in the entertainment industry, as specified. (LC §1308.5)
6. Prohibits, under the Fair Employment and Housing Act, discrimination in employment based upon specified personal characteristics and explicitly prohibits an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, from failing to take all reasonable steps necessary to prevent discrimination and harassment from occurring. GOV Code §12940)
7. Requires each employer to post a poster on discrimination in employment, with information on the illegality of sexual harassment, in a prominent and accessible location in the workplace. (GOV Code §12950)
8. Requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of assuming supervisorial duties and once every 2 years. (GOV Code §12950.1)
9. Establishes the Division of Labor Standards Enforcement (DLSE), within the Department of Industrial Relations and under the direction of the Labor Commissioner, to promote economic justice through robust enforcement of labor laws. (LC §§79-107)

This bill:

1. Requires a talent agency to provide educational materials regarding sexual harassment prevention, retaliation and reporting resources and materials on nutrition and eating disorders to artists who are adults within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
2. Specifies that the educational materials:
   1. Can be made available via electronic transmission, hard copy brochure, or through other reasonable means.
   2. Must be provided in the language understood by the artist.
   3. On nutrition and eating disorders, must include the components specified in the National Institute of Health’s Eating Disorders internet website.
3. Requires the licensee to keep a record for three years confirming that these educational materials have been made available to all artists who have been signed for representation after the effective date of the these provisions.
4. Specifies that prior to the issuance of an entertainment work permit to a minor, the parent or legal guardian of a minor between 14 to 17 years of age, as well as the age-eligible minor, must receive and complete training in sexual harassment prevention, retaliation, and reporting resources.
5. Specifies that the sexual harassment prevention training be administered by a third-party vendor, on-site, electronically, via Internet Web site, or other means and include the components specified in the Department of Fair Employment and Housing form 185 on sexual harassment.
6. Requires that the training be in a language understood by that person.
7. Requires a licensee to request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
8. Requires, as part of the application for license renewal, that a talent agency confirms with the Labor Commissioner that it has and will continue to provide the relevant training and educational materials to its employees and artists.
9. Makes it a violation of existing law for a talent agency to fail to make available the educational materials or fail to request and retain a minor’s work permit and would authorize the Labor Commissioner to assess and recover civil penalties of $100 for each violation, as prescribed.

Background

Need for this bill?

According to the author, “Hollywood has recently dealt with several revelations relative to sexual assault and misconduct. We are learning more about the decades of this kind of abuse and the clear need for awareness among artists and employees to be able to identify and curtail sexual harassment.” The author cites a USA Today article which surveyed 843 women in the entertainment industry and found that 94% say they’ve experienced harassment or assault. (How common is sexual misconduct in Hollywood, USA Today, 2/2018) The author also states, “Unhealthy diets among models are common. Anecdotally, we have heard about models eating a rice cake diet, or eating cotton balls dipped in juice to stay thin. Studies indicate that as many as 40% of models may currently be suffering from some kind of eating disorder.”

According to the author, this bill seeks to require the offering of educational materials on sexual harassment and eating disorders to protect artists’ health and prevent sexual harassment in the workplace. This bill is one of a number of bills introduced this legislative year to expand or create industry-specific sexual harassment and prevention training programs in response to the recent revelations of sexual harassment throughout the state and the #MeToo movement.

Related/Prior Legislation

SB 1223 (Galgiani, 2018) requires DLSE to develop construction industry-specific sexual harassment training standards.

SB 1300 (Jackson, 2018), among other things, requires an employer, as defined, to provide sexual harassment prevention training to all employees within six months of their hire and once every two years. The bill also requires an employer to provide bystander intervention training, as specified, and to provide information to each employee on how to report harassment.

SB 1343 (Mitchell, 2018) reduces the sexual harassment training requirement threshold from 50 to five or more employees, include non-supervisorial employees in the training, and requires that the Department of Fair Employment and Housing develop the training course and make it available online.

AB 1576 (Levine, 2018) establishes health and sexual harassment related standards and requirements for models and modeling agencies.

AB 2079 (Gonzalez Fletcher, 2018) requires the Department of Industrial Relations (DIR) to form an advisory committee to develop standards for organizations and peer-trainers that provide janitorial service employers with their required sexual harassment training.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, the DIR would likely incur annual costs in the hundreds of thousands of dollars (Labor Enforcement and Compliance Fund).

SUPPORT: (Verified 8/15/18)

Association of Talent Agencies

Endeavor

National Eating Disorders Association

SAG-AFTRA

OPPOSITION: (Verified 8/15/18)

None received

ARGUMENTS IN SUPPORT: According to the Association of Talent Agents, this bill strengthens existing laws and safeguards to foster a safe working environment for employees, artists, and models within the entertainment industry. Proponents note that given the alarming accounts of sexual misconduct, they recognize the importance that training materials can play in preventing harassment from taking place.

ASSEMBLY FLOOR: 73-1, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Irwin

NO VOTE RECORDED: Fong, Kiley, Obernolte, Patterson

Prepared by:

8/27/18 19:46:00

**** END ****

 THIRD READING  

Bill No: AB 2338

Author:

Amended: 8/17/18 in Senate

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 5-0, 6/19/18

AYES: Lara, Stone, Jackson, Mitchell, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 73-1, 5/31/18 - See last page for vote

SUBJECT: Talent agencies: education and training

SOURCE: Author

DIGEST:

This bill requires talent agencies to provide educational materials on sexual harassment prevention, retaliation, nutrition and eating disorders to its adult artists. This bill also requires the parent or legal guardian of a minor between 14 to 17 years of age, as well as the age-eligible minor, receive training in sexual harassment prevention, retaliation, and reporting prior to the issuance of an entertainment work permit by the Labor Commissioner. This bill provides that failure to comply with these requirements would expose talent agencies to civil penalties imposed by the Labor Commissioner.

ANALYSIS:

Existing law:

1. Defines “licensee” as a talent agency which holds a valid, unrevoked, and un-forfeited license to operate. (Labor Code §1700.3)
2. Defines “talent agency” as a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist(s), as specified. (LC §1700.4)
3. Defines “artists” as actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (LC §1700.4)
4. Provides for a licensure process for talent agents who wish to represent artists. This includes registration fees and requirements to obtain a license, bond requirements, fee schedule requirements, recordkeeping requirements, and restrictions on contracts with artists. (LC §§1700.5 to 1700.45)
5. Requires the written consent of the Labor Commissioner in the form of a permit to employ a minor, under the age of 16 years, in the entertainment industry, as specified. (LC §1308.5)
6. Prohibits, under the Fair Employment and Housing Act, discrimination in employment based upon specified personal characteristics and explicitly prohibits an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, from failing to take all reasonable steps necessary to prevent discrimination and harassment from occurring. GOV Code §12940)
7. Requires each employer to post a poster on discrimination in employment, with information on the illegality of sexual harassment, in a prominent and accessible location in the workplace. (GOV Code §12950)
8. Requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of assuming supervisorial duties and once every 2 years. (GOV Code §12950.1)
9. Establishes the Division of Labor Standards Enforcement (DLSE), within the Department of Industrial Relations and under the direction of the Labor Commissioner, to promote economic justice through robust enforcement of labor laws. (LC §§79-107)

This bill:

1. Requires a talent agency to provide educational materials regarding sexual harassment prevention, retaliation and reporting resources and materials on nutrition and eating disorders to artists who are adults within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
2. Specifies that the educational materials:
   1. Can be made available via electronic transmission, hard copy brochure, or through other reasonable means.
   2. Must be provided in the language understood by the artist.
   3. On nutrition and eating disorders, must include the components specified in the National Institute of Health’s Eating Disorders internet website.
3. Requires the licensee to keep a record for three years confirming that these educational materials have been made available to all artists who have been signed for representation after the effective date of the these provisions.
4. Specifies that prior to the issuance of an entertainment work permit to a minor, the parent or legal guardian of a minor between 14 to 17 years of age, as well as the age-eligible minor, must receive and complete training in sexual harassment prevention, retaliation, and reporting resources.
5. Specifies that the sexual harassment prevention training be administered by a third-party vendor approved by the Labor Commissioner, on-site, electronically, via Internet Web site, or other means and include the components specified in the Department of Fair Employment and Housing form 185 on sexual harassment.
6. Requires that the training be in a language understood by that person and authorizes the Labor Commissioner to charge a fee, not to exceed $25 dollars for each minor trained.
7. Requires a licensee to request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
8. Requires, as part of the application for license renewal, that a talent agency confirms with the Labor Commissioner that it has and will continue to provide the relevant training and educational materials to its employees and artists.
9. Makes it a violation of existing law for a talent agency to fail to make available the educational materials or fail to request and retain a minor’s work permit and would authorize the Labor Commissioner to assess civil penalties of $100 for each violation, as prescribed.

Background

Need for this bill?

According to the author, “Hollywood has recently dealt with several revelations relative to sexual assault and misconduct. We are learning more about the decades of this kind of abuse and the clear need for awareness among artists and employees to be able to identify and curtail sexual harassment.” The author cites a USA Today article which surveyed 843 women in the entertainment industry and found that 94% say they’ve experienced harassment or assault. (How common is sexual misconduct in Hollywood, USA Today, 2/2018) The author also states, “Unhealthy diets among models are common. Anecdotally, we have heard about models eating a rice cake diet, or eating cotton balls dipped in juice to stay thin. Studies indicate that as many as 40% of models may currently be suffering from some kind of eating disorder.”

According to the author, this bill seeks to require the offering of educational materials on sexual harassment and eating disorders to protect artists’ health and prevent sexual harassment in the workplace. This bill is one of a number of bills introduced this legislative year to expand or create industry-specific sexual harassment and prevention training programs in response to the recent revelations of sexual harassment throughout the state and the #MeToo movement.

Related/Prior Legislation

SB 1223 (Galgiani, 2018) requires DLSE to develop construction industry-specific sexual harassment training standards.

SB 1300 (Jackson, 2018), among other things, requires an employer, as defined, to provide sexual harassment prevention training to all employees within six months of their hire and once every two years. The bill also requires an employer to provide bystander intervention training, as specified, and to provide information to each employee on how to report harassment.

SB 1343 (Mitchell, 2018) reduces the sexual harassment training requirement threshold from 50 to five or more employees, include non-supervisorial employees in the training, and requires that the Department of Fair Employment and Housing develop the training course and make it available online.

AB 1576 (Levine, 2018) establishes health and sexual harassment related standards and requirements for models and modeling agencies.

AB 2079 (Gonzalez Fletcher, 2018) requires the Department of Industrial Relations (DIR) to form an advisory committee to develop standards for organizations and peer-trainers that provide janitorial service employers with their required sexual harassment training.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, the DIR would likely incur annual costs in the hundreds of thousands of dollars (Labor Enforcement and Compliance Fund).

SUPPORT: (Verified 8/15/18)

Association of Talent Agencies

Endeavor

National Eating Disorders Association

SAG-AFTRA

OPPOSITION: (Verified 8/15/18)

None received

ARGUMENTS IN SUPPORT: According to the Association of Talent Agents, this bill strengthens existing laws and safeguards to foster a safe working environment for employees, artists, and models within the entertainment industry. Proponents note that given the alarming accounts of sexual misconduct, they recognize the importance that training materials can play in preventing harassment from taking place.

ASSEMBLY FLOOR: 73-1, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Irwin

NO VOTE RECORDED: Fong, Kiley, Obernolte, Patterson

Prepared by:

8/20/18 10:06:36

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2338 (Levine) - Talent agencies: training

Bill Summary:

AB 2338 would require a talent agency to provide (1) training on sexual harassment to its employees, and (2) educational materials on sexual harassment prevention, retaliation, nutrition, and eating disorders to its adult artists.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

The Department of Industrial Relations (DIR) would likely incur annual costs in the hundreds of thousands of dollars (Labor Enforcement and Compliance Fund).

Author Amendments:

Delete DIR's training requirement and instead allow the training to be done by a third-party vendor.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2338 (Levine) - Talent agencies: training

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2338 would require a talent agency to provide (1) training on sexual harassment to its employees, and (2) educational materials on sexual harassment prevention, retaliation, nutrition, and eating disorders to its adult artists.

Fiscal Impact:

The Department of Industrial Relations (DIR) indicates that it would incur annual costs ranging from $1 million to $2 million to implement the provisions of the bill (Labor Enforcement and Compliance Fund). This amount would be offset to an unknown extent by new fee revenue authorized in the bill.

Background:

The Fair Employment and Housing Act (FEHA) currently requires employers with 50 or more employees to provide at least two hours of sexual harassment training to all supervisory employees within first the six months of employment, and once every two years thereafter. It also requires employers with five or more employees to post a copy of the Department of Fair Employment and Housing (DFEH) poster discussing prohibitions against discrimination and harassment at a prominent and accessible location in the workplace.

Recently, training of employees in sexual harassment prevention has been addressed for two industries. In 2014, SB 1087 (Monning, Chapter 750, Statutes of 2014) required all farm labor contractors operating in the State, as a condition of obtaining or renewing a license, to provide sexual harassment prevention training to supervisors and employees. The training be administered by the licensee or appropriate designee of the licensee, and must include specific components consistent with FEHA, as specified.

Two years later, AB 1978 (Gonzalez, Chapter 373, Statutes of 2016) was enacted, requiring DIR’s Division of Labor Standards Enforcement (DLSE) to establish a sexual violence and harassment prevention training requirement for employees and employers in the janitorial services industry. To develop these standards, DIR must convene an advisory committee, composed of representatives from DIR, employers and labor, to recommend requirements for a sexual harassment prevention training program.

Proposed Law:

This bill would, among other things, do the following:

• Require a talent agency to provide an employee who works with artists, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention with specified parameters.
• Require a talent agency to provide educational materials, as specified, regarding sexual harassment prevention, retaliation and reporting resources and materials on nutrition and eating disorders to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first. The licensee would be required to keep a record for three years confirming that these educational materials have been made available to all artists who have been signed for representation after the effective date of the these provisions.
• Require DLSE’s Labor Commissioner (LC), prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minor’s parent or legal guardian with specified training (as specified) in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.
• Authorize the LC to charge a fee for training, up to not to exceed $25 dollars, to a parent or legal guardian for each minor trained.
• Require the LC to develop and provide access to training on sexual harassment prevention to be made available to licensees for the training of talent agency employees.
• Require the LC to develop and provide access to educational materials on nutrition and eating disorders for licensees to distribute to adult artists.
• Require the LC to develop [and provide] training on sexual harassment prevention for minors and the minor’s parent or legal guardian.
• Require, as part of the application for license renewal, that a talent agency confirms with the LC that it has and will continue to provide the relevant training and educational materials to its employees and artists.

Related Legislation:

This measure is one of several bills expanding or creating industry-specific sexual harassment training programs under the purview of DIR. SB 1223 (Galgiani), would require DLSE to work with other agencies to develop construction industry-specific sexual harassment training standards. The bill is currently pending in the Assembly Appropriations Committee. AB 2079 (Gonzalez Fletcher), would require DIR to form an advisory committee to develop requirements for organizations and peer-trainers that provide janitorial services employers their required sexual harassment training, is also being heard today in this Committee.

Staff Comments:

This bill would create several new mandates and workload for the LC, including establishing an unprecedented requirement that it provide (or contract to provide) the requisite training itself. As noted above, DLSE enforces statutory requirements in farm labor contracting and in the property service industry that require employers and employees to comply with training requirements; however, it is not required to provide the training or contract with the training provider. Additionally, this bill would require all minors to take the training regardless of their age; consequently, a parent or guardian would be precluded from opting out of the prevention training should they deem the topics to be too sensitive or mature for their child.

-- END --

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular

Bill No: AB 2338 Hearing Date: June 19, 2018

Subject: Talent agencies: training

KEY ISSUES

Should the Legislature require a talent agency to provide training on sexual harassment prevention to its employees?

Should the Legislature require a talent agency to provide educational materials on sexual harassment prevention, retaliation, nutrition, and eating disorders to its adult artists?

Should the Legislature require that the Labor Commissioner develop training and educational materials for talent agencies to use for this purpose?

Should the Legislature require that the Labor Commissioner provide minors and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition and eating disorders?

ANALYSIS

Existing law:

1. Defines “licensee” as a talent agency which holds a valid, unrevoked, and un-forfeited license to operate. (Labor Code §1700.3)
2. Defines “talent agency” as a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists, as specified. This may include counseling or directing artists in the development of their professional careers. (Labor Code §1700.4)
3. Defines “artists” as actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (Labor Code §1700.4)
4. Provides for a licensure process for talent agents who wish to represent artists. This includes registration fees and requirements to obtain a license, bond requirements, fee schedule requirements, recordkeeping requirements, and restrictions on contracts with artists. (Labor Code §§1700.5 to 1700.45)
5. Requires the written consent of the Labor Commissioner in the form of a permit to employ a minor, under the age of 16 years, in the entertainment industry, as specified. (Labor Code §1308.5)
6. Under the Fair Employment and Housing Act (FEHA), prohibits discrimination in employment based upon specified personal characteristics, including the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person. (Government Code §12940)
7. Explicitly prohibits an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring. [Government Code §12940(k)]
8. Defines an employer as any person regularly employing 5 or more individuals, directly or indirectly, except a religious association or non-profit. (Government Code §12926)
9. Requires each employer to post a poster on discrimination in employment, which includes information in relation to the illegality of sexual harassment, in a prominent and accessible location in the workplace. (Government Code §12950)
10. Requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of assuming supervisorial duties and once every 2 years.
    (Government Code §12950.1)
11. Establishes the Division of Labor Standards Enforcement (DLSE), within the Department of Industrial Relations and under the direction of the Labor Commissioner, to promote economic justice through robust enforcement of labor laws. (Labor Code §§79-107)

This Bill:

Regarding talent agency employees:

1. Requires a talent agency to provide an employee who works with artists, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention.
2. Requires the training to be in a language understood by the employee and at a minimum include information on:
   1. The current prohibition of talent agencies sending artists to any place where the health, safety, or welfare of the artist could be adversely affected.
   2. Information on the illegality of sexual harassment, per FEHA.
3. Requires that the training be administered by the licensee (talent agency) or appropriate designee including third-party vendors, onsite, electronically, online or other means.
4. At the conclusion of training, requires the licensee to keep a record with the names of all employees who have received training for a period of three years.

Regarding adult artists:

1. Requires a talent agency to provide educational materials regarding sexual harassment prevention, retaliation and reporting resources and materials on nutrition and eating disorders to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
2. Specifies that the educational materials:
   1. Can be made available via electronic transmission, hard copy brochure, or through other reasonable means.
   2. Must be provided in the language understood by the artist.
   3. Must be developed and provided by the Labor Commissioner to the licensee for these purposes.
3. Requires the licensee to keep a record for three years confirming that these educational materials have been made available to all artists who have been signed for representation after the effective date of the these provisions.

Regarding artists who are minors:

1. Requires the Labor Commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.
2. Requires the sexual harassment prevention training to be in a language understood by the artist and his or her parent or legal guardian.
3. Requires a licensee to request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
4. Authorizes the Labor Commissioner to charge a fee for training, not to exceed $25 dollars, to a parent or legal guardian for each minor trained.

Duties imposed on the Labor Commissioner (LC) by this bill:

1. Requires the LC to develop and provide access to training on sexual harassment prevention to be made available to licensees for the training of talent agency employees.
2. Requires the LC to develop and provide access to educational materials on nutrition and eating disorders for licensees to distribute to adult artists.
3. Requires the LC to develop [and provide] training on sexual harassment prevention for minors and the minor’s parent or legal guardian.
4. Requires, as part of the application for license renewal, that a talent agency confirms with the LC that it has and will continue to provide the relevant training and educational materials to its employees and artists.

Violations:

1. Makes it a violation of existing laws for a talent agency to fail to comply with the bill’s training, education, and permit retention requirements and would authorize the Labor Commissioner to assess civil penalties of $100 for each violation, as prescribed.

COMMENTS

1. Existing Sexual Harassment Training Requirements:

As noted above, the Fair Employment and Housing Act (FEHA) currently requires employers with 50 or more employees to provide at least two hours of sexual harassment training to all supervisory employees within six months of the assumption of a supervisory position and once every two years thereafter. It also requires employers with five or more employees to post a copy of the Department of Fair Employment and Housing (DFEH) poster discussing prohibitions against discrimination and harassment at a prominent and accessible location in the workplace.

Over the past couple of years, training of employees in sexual harassment prevention has been addressed for a couple of industries. In 2014, SB 1087 (Monning) was signed into law requiring all farm labor contractors operating in the state, as a condition of obtaining or renewing a license, to provide sexual harassment prevention training to supervisors and employees. Found under Labor Code §1684-1697, the provisions require that the training be administered by the licensee or appropriate designee of the licensee and must include specific components consistent with FEHA, including the use of DFEH’s sexual harassment pamphlet and requires the licensee to keep a record of all employees who have received the training.

In 2016, AB 1978 (Gonzalez), was enacted requiring the Division of Labor Standards Enforcement to establish a sexual violence and harassment prevention training requirement for employees and employers in the janitorial services industry. To assist in developing these standards, the director of DIR must convene an advisory committee, composed of representatives from DIR, employers and labor, to recommend requirements for a sexual harassment prevention training program. (Labor Code §1429.5)

2. Need for this bill?

According to the author, “Hollywood has recently dealt with several revelations relative to sexual assault and misconduct. We are learning more about the decades of this kind of abuse and the clear need for awareness among artists and employees to be able to identify and curtail sexual harassment.” The author cites a USA Today article which surveyed 843 women in the entertainment industry and found that 94% say they’ve experienced harassment or assault. (How common is sexual misconduct in Hollywood, USA Today, 2/2018) The author also states, “Unhealthy diets among models are common. Anecdotally, we have heard about models eating a rice cake diet, or eating cotton balls dipped in juice to stay thin. Studies indicate that as many as 40% of models may currently be suffering from some kind of eating disorder.”

According to the author, this bill seeks to require the offering of educational materials on sexual harassment and eating disorders to protect artists’ health and prevent sexual harassment in the workplace. This bill is one of a number of bills introduced this legislative year to expand or create industry-specific sexual harassment and prevention training programs in response to the recent revelations of sexual harassment throughout the state and the #MeToo movement.

3. Staff Comments:

The bill requires the Labor Commissioner to develop and provide, prior to issuance of a permit to employ a minor in the entertainment industry, training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders to the minor and the minor’s parent or legal guardian. As noted above, current law requires the DFEH to make available specified materials for employer use. Additionally, DLSE is tasked with creating a sexual violence and harassment prevention training requirement for employees and employers in the janitorial services industry. The DLSE has convened an advisory committee to develop the standards for the training. Nothing in law, however, requires the departments to provide the training directly, but rather direction on how to provide it. Should the Legislature require that the Labor Commissioner provide training directly to minors and the minor’s parent or legal guardian?

* Note: A bill previously heard by this Committee, SB 1343 (Mitchell), includes a provision requiring the DFEH to develop and make available on its website a two-hour video training course on the prevention of sexual harassment in the workplace.

Under FEHA, existing law requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of assuming supervisorial duties and once every 2 years. This bill would require training for talent agency employees to be provided within 90 days of hiring and annually thereafter. Should sexual harassment prevention requirements be uniform, to the extent possible, throughout the various industries in the state?

This bill would require the training and educational materials, where appropriate, to be provided in the language understood by the employee, artist, minor or minor’s parent or legal guardian. The bill requires the Labor Commissioner to develop and provide access to the materials; however, it is not clear whether the Labor Commissioner or the talent agency is responsible for translating the materials for use. The author should amend the bill to clarify where this responsibility lies.

4. Proponent Arguments:

According to the Association of Talent Agents (ATA), a Los Angeles-based nonprofit trade association comprised of over 100 licensed talent agencies in California, this bill strengthens existing laws and safeguards to foster a safe working environment for employees, artists, and models within the entertainment industry. Proponents note that given the alarming accounts of sexual misconduct, they recognize the importance that training materials can play in preventing harassment from taking place.

5. Opponent Arguments:

None received.

6. Prior and Related Legislation:

As mentioned above, AB 2338 is one of a number of bills introduced this legislative year to expand sexual harassment and prevention training requirements.

SB 1300 (Jackson), pending in the Assembly, would, among other things, require an employer, as defined, to provide sexual harassment prevention training to all employees within 6 months of their hire and once every 2 years. The bill also would require an employer to provide bystander intervention training, as specified, and to provide information to each employee on how to report harassment.

SB 1343 (Mitchell), currently pending in the Assembly, would reduce the sexual harassment training requirement threshold from 50 to 5 or more employees, include non-supervisorial employees in the training, and require that the Department of Fair Employment and Housing develop the training course and make it available on the Department’s website.

SB 1223 (Galgiani), currently pending in the Assembly Labor and Employment Committee, would require DLSE to work with other agencies to develop construction industry-specific sexual harassment training standards.

AB 2079 (Gonzalez Fletcher), pending before our Committee today, requires DIR to form an advisory committee to develop requirements for organizations and peer-trainers that provide janitorial services employers with their required sexual harassment training.

AB 1576 (Levine) of 2018 would have established health and sexual harassment related standards and requirements for models and modeling agencies. Held on the Assembly Appropriations Committee suspense file.

AB 2539 (Levine) of 2016 would have established various requirements regarding models and modeling agencies. The bill had three main provisions: 1) prohibiting a person from engaging in or carrying on the occupation of a modeling agency without first procuring a license under existing law related to talent agencies; 2) providing that a model shall be classified as an employee of the person for whom the model's services are directly provided; 3) requiring the OSHA Standards Board to adopt an occupational safety and health standard for models, as specified. Held on the Assembly Appropriations Committee suspense file.

SUPPORT

Association of Talent Agencies

Endeavor

National Eating Disorders Association

SAG-AFTRA

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2338

Author:(Levine)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists. Specifically, this bill:

1. Requires the Division on Labor Standards Enforcement (DLSE) to develop, either directly or through a third party, the training and educational materials required by this bill, and to post specified materials online.
2. Requires talent agencies to provide the specified materials to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, and requires the agency to confirm with DLSE that it has complied with the these requirements as part of the application for license renewal.
3. Requires DLSE prior to the issuance of a work permit, to provide a minor and the minor’s parents or legal guardian with training on sexual harassment prevention, retaliation, nutrition, and eating disorders.
4. Permits the Labor Commissioner (LC) to charge a fee for training not to exceed $25 to a parent or legal guardian for each minor trained under these provisions.

EXISTING LAW:

1. Existing law requires talent agencies to be licensed by the LC and to comply with specified employment laws applicable to talent agencies.
2. Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the LC for a minor to take part in certain types of employment.

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time special fund costs in the range of $2.5 million to $4 million to implement these new training programs and ongoing costs in the millions to manage the training program for minors. These costs would be partially offset by a fee. Costs would also depend on whether DLSE hires staff to conduct this training or whether DLSE contracts with a third party.

COMMENTS: The author argues that this measure is needed to further increase the awareness of harmful work environments. He continues, "Hollywood has recently dealt with several revelations relative to sexual assault and misconduct. The decades of abuse are horrific and display the clear need for awareness among artists and employees to be able to identify sexual harassment."

The Fair Employment and Housing Act (FEHA) currently requires employers with 50 or more employees to provide at least two hours of sexual harassment training to all supervisory employees within six months of the assumption of a supervisory position and once every two years thereafter. It also requires employers with five or more employees to post a copy of the DFEH poster discussing prohibitions against discrimination and harassment at a "prominent and accessible location in the workplace."

This bill would require all employees of talent agencies who work with artists, within 90 days of being hired and annually thereafter, training in sexual harassment prevention. This training would be in addition to the sexual harassment training requirements and timelines provided for under FEHA.

This bill also requires talent agencies to provide educational materials regarding sexual harassment prevention, retaliation and reporting resources and nutrition and eating disorders to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.

Similarly this measure requires the LC to provide the minor and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders prior to issuing a work permit.

Arguments in Support

The Association of Talent Agents writes in support that the measure "strengthens existing laws and safeguards to foster a safe working environment for employees, artists, and models within the entertainment industry."

There is no known opposition.

Analysis Prepared by: Jennifer Richard / L. & E. / (916) 319-2091 FN: 0003100

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2338

Author:(Levine) – As Amended Ver:April 23, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists. Specifically, this bill:

1. Requires the Division on Labor Standards Enforcement (DLSE) to develop, either directly or through a third party, the training and educational materials required by this bill, and to post specified materials online.
2. Requires talent agencies to provide the specified materials to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, and requires the agency to confirm with DLSE that it has complied with the these requirements as part of the application for license renewal.
3. Requires DLSE prior to the issuance of a work permit, to provide a minor and the minor’s parents or legal guardian with training on sexual harassment prevention, retaliation, nutrition, and eating disorders.

FISCAL EFFECT:

One-time special fund costs in the range of $2.5 million to $4 million to implement these new training programs and unknown ongoing costs to manage the training program for minors. As drafted, AB 2338 requires DLSE to provide training to a minor and the minor’s parents or legal guardian upon the issuance of an entertainment work permit. DLSE issues around 50,000 permits a year. Costs would depend on whether DLSE hires staff to conduct this training or whether DLSE contracts with a third party.

COMMENTS:

1. Background. The Fair Employment Act (FEHA) requires all employers with 50 or more employees to provide at least two hours of sexual harassment training to all supervisory employees within six months of being hired into that position and once every two years thereafter. It also requires employers with five or more employees to post a copy of a poster discussing prohibitions against discrimination and harassment.
2. Department of Industrial Relations (DIR). Traditionally, DIR, which includes DLSE, is not directly involved in the development or enforcement of rules and training requirements related to sexual harassment in the workplace. However, recently DIR has been tasked with developing programs around sexual harassment prevention. For example, SB 1087 (Monning), Chapter 750, Statutes of 2014, requires all farm labor contractors operating in California, as a condition of obtaining or renewing a license, to provide sexual harassment prevention training to employees. Moreover, AB 1978 (Gonzalez), Chapter 373, Statutes of 2016, requires DLSE to establish a sexual violence and harassment prevention training requirement for employees and employers in the janitorial services industry. AB 2338 introduces another DLSE-run program for those using talent agencies. DLSE must develop, or approve, materials related to sexual harassment, retaliation, nutrition, and eating disorders, which includes a training program for minors working in the industry.
3. Purpose. This bill is supported by the Association of Talent Agents, who argues AB 2338 will strengthen existing safeguards and help foster a safe working environment for employees, artists, and models within the entertainment industry.
4. Recent legislation. AB 1576 (Levine), of the 2017-18 Legislative Session, establishes health and sexual harassment related standards and requirements for models and modeling agencies. AB 1576 was held on this committee’s Suspense File.
5. Related legislation. AB 2338 is one of a number of bills this legislative session expanding or creating industry-specific sexual harassment training programs under the purview of DIR. SB 1223 (Galgiani), which requires DLSE to work with other agencies to develop construction industry-specific sexual harassment training standards, is pending in the Senate Appropriations Committee. AB 2079 (Gonzalez Fletcher), which requires DIR to form an advisory committee to develop requirements for organizations and peer-trainers that provide janitorial services employers their required sexual harassment training, is also being heard today in this committee.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Tony Thurmond, Chair

ABPCA Bill Id:AB 2338 (

Author:Levine) – As Amended Ver:April 5, 2018

SUBJECT: Talent agencies: training

SUMMARY: Requires a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists. Specifically, this bill:

1. Requires a talent agency to provide an employee who works with artists within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention.
2. Requires the sexual harassment prevention training for talent agency employees to at a minimum include:
   1. Information on the current prohibition on talent agencies sending or causing to be sent any artist to any place where the health, safety, or welfare of the artist could be adversely affected, the character of which the place the talent agency could have ascertained upon reasonable inquiry
   2. The Department of Fair Employment and Housing’s current poster on discrimination in employment, which includes specified information on the illegality of sexual harassment.
3. Requires a talent agency to provide educational materials regarding sexual harassment prevention, retaliation and reporting resources and nutrition and eating disorders to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
4. Requires as part of the application for license renewal, that a talent agency confirms with the Labor Commissioner (LC) that it has and will continue to provide the relevant training and educational materials.
5. Requires the LC prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.
6. Requires a talent agency to request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
7. Makes it a violation of existing laws for a talent agency to fail to comply with the bill’s training, education, and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.

EXISTING LAW:

1. Existing law requires talent agencies to be licensed by the LC and to comply with specified employment laws applicable to talent agencies.
2. Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the LC for a minor to take part in certain types of employment.

FISCAL EFFECT: Unknown

COMMENTS: The author argues that this measure is needed to further increase the awareness of harmful work environments. He continues, “Hollywood has recently dealt with several revelations relative to sexual assault and misconduct. The decades of abuse are horrific and display the clear need for awareness among artists and employees to be able to identify sexual harassment.”

Sexual Harassment Training

The Fair Employment and Housing Act (FEHA) currently requires employers with 50 or more employees to provide at least two hours of sexual harassment training to all supervisory employees within six months of the assumption of a supervisory position and once every two years thereafter. It also requires employers with five or more employees to post a copy of the DFEH poster discussing prohibitions against discrimination and harassment at a “prominent and accessible location in the workplace.”

Supplemental Sexual Harassment and Eating Disorder Training

This bill would require all employees of talent agencies who work with artists, within 90 days of being hired and annually thereafter, training in sexual harassment prevention. This training would be in addition to the sexual harassment training requirements and timelines provided for under FEHA.

This bill also requires talent agencies to provide educational materials regarding sexual harassment prevention, retaliation and reporting resources and nutrition and eating disorders to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.

Similarly this measure requires the LC to provide the minor and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders prior to issuing a work permit.

Arguments in Support

The Association of Talent Agents writes in support that the measure, “strengthens existing laws and safeguards to foster a safe working environment for employees, artists, and models within the entertainment industry.”

There is no known opposition.

Prior Legislation

AB 1576 (Levine) of 2018. Would have established health and sexual harassment related standards and requirements for models and modeling agencies. Held on the Assembly Appropriations Committee suspense file.

AB 3539 (Levine) of 2016. Would have established various requirements regarding models and modeling agencies. The bill had three main provisions: 1) prohibiting a person from engaging in or carrying on the occupation of a modeling agency without first procuring a license under existing law related to talent agencies; 2) providing that a model shall be classified as an employee of the person for whom the model's services are directly provided; 3) requiring the OSHA Standards Board to adopt an occupational safety and health standard for models, as specified. Held on the Assembly Appropriations Committee suspense file.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Talent Agents

Endeavor

Opposition

None on file.

Analysis Prepared by: Jennifer Richard / L. & E. /