Event Coverage

Time of Review Harassment, Insurance and License Training Policies

Harassment, insurance review and license training were three major topics discussed by Martin Plack of the Plack Law Group, the guest speaker at SAMCAR’s August 8 Broker/Manager Meeting, held at the Elk Lodge in San Mateo.

Plack reviewed California’s mandatory harassment training requirements, indicating employers with 50 or more employees must provide two hours of “interactive” training concerning prevention of harassment, discrimination and retaliation for all supervisory employees. The training must be provided within six months of employment or promotion and at least every two years, and it must be delivered by an educator with expertise in the prevention of harassment and discrimination.

He noted it’s a myth that these requirements do not apply to real estate brokerages and independent contractors, because they do, as long as the office has 50 or more employees.

When it comes to sexual harassment or the creation of a “hostile work environment” by supervisory personnel, the employer is strictly liable as long as the employer knew or has known, and was negligent or failed to take immediate and appropriate corrective action. The employer, too, is liable for the harassment of employees by third parties such as customers and vendors, if the employer was aware of the situation and did not do anything to correct it.

Plack stressed the employer’s business and personal assets are at risk when it comes to a lawsuit; it is not just the entity’s liability at stake. It is for this reason that all employers should take reasonable action to prevent harassment and discrimination in the workplace. He recommended employers adopt appropriate policies and enforce them, take immediate and appropriate action, investigate complaints, or have an independent outside party undertake such an investigation.

“Conducting regular harassment training is a best practice. It’s not required (in all offices), but it is a show of good faith,” said Plack.

After listing the various types of insurance policies, advised brokers to regularly review their policies and coverage, and check exclusions for coverage. He stated, “Policies and your business change over time. It’s important your insurance is adequate, that defense coverage is sufficient.”

Touching on licensing requirements, Plack told brokers that employing unlicensed agents poses serious problems which can lead to civil liability to clients, criminal violations with possible jail sentence and fines, as well as damage to the broker’s reputation. He urged them to check licenses of new salespersons and associate broker affiliates, as well as renewals because it could take more than six months before they receive a DRE notice about an expired license.
 
Plack recommended brokers put in place a policy requiring all licensees to remain licensed at all times and complete continuing education requirements in a timely manner. They should also require proof of license renewal and copies of completed certificates. He likewise suggested creating a tickler system to alert them of impending expiration of all licenses.

The San Mateo County Association of REALTORS® (SAMCAR) is a professional trade organization representing over 3,800 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula. SAMCAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in San Mateo County.

The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.

For further information, please contact Julie Ziemelis, Director of Public Affairs, e-mail , or phone (650) 696-8214.

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