As usual, the New Year brings about new laws to California. And for 2019, several new laws involve measures that affect most of us in the state: driving safety, civil rights, sexual harassment in the workplace, and more. Here are short descriptions of some of these new laws, many of which are a focus for us at Chain | Cohn | Stiles:
DUI Devices (SB 1046): Drivers who have been convicted of two DUIs will have to install breathalyzers, or ignition interlock devices, in order to start their vehicles. This allows drivers to keep their driving privileges instead of having their licenses suspended. Industry experts say ignition interlocks show a 74 percent reduction in repeat DUIs.
Motor Scooters (AB 2989): Helmets are no longer required for motorized scooter riders over 18 or older. Motorized scooters are also allowed on Class IV and Class II bike paths. It is still illegal to ride a motorized scooter on a sidewalk. The law also allows scooters to ride on roads with speed limits up to 35 mph. Learn more about scooter safety by clicking here.
Bike Hit & Run (AB 1755): Hit-and-run laws will be expanded to include bicyclists on bike paths. That means, if a bicyclist hits a person, resulting in a death or injury, the bicyclist must stay at the scene. The bicyclist can be held accountable, CHP said. Learn more about bicycle safety here.
Helmet Safety (AB 3077): Anyone younger than 18 not wearing a helmet on a bicycle, scooter, skateboard or skates will be issued a “fix-it” citation. If the minor can show they took a bicycle safety course and has a helmet that meets safety standards within 120 days, the citation will be non-punishable.
Loud Vehicles (AB 1824): Drivers in a vehicle or motorcycle with an excessively loud exhaust will be fined. Previously, they would have been cited with a “fix-it” ticket.
CIVIL RIGHTS & POLICE TRANSPARENCY
Body Cameras (AB 748): Requires that body camera footage be released within 45 days of a police shooting, or when an officer’s use of force causes death or great bodily harm.
Police Records (SB 1421): Allows public access to police records in use-of-force cases, as well as investigations that confirmed on-the-job dishonesty or sexual misconduct.
EMPLOYMENT LAW & SEXUAL HARASSMENT
Reporting Harassment (AB 2770): Protects employees who report sexual harassment allegations without malice from liability for defamation of the people they accuse. Also, allows employers to indicate during reference checks whether an individual has been determined to have engaged in sexual harassment.
Nondisclosure (SB 820): Bans nondisclosure agreements in sexual harassment, assault and discrimination cases that were signed on or after Jan. 1, 2019.
Settlement Agreements (AB 3109): The law invalidates any provision in a contract or settlement agreement that waives a person’s right to testify in an administrative, legislative or judicial proceeding concerning alleged criminal conduct or sexual harassment.
Harassment Protections (SB 224): Expands employee harassment protections to include those who are not only employers but who could help establish a business, service or professional relationship. This could include doctors, lawyers, landlords, elected officials and more.
Burden of Proof (SB 1300): Expands liability under the Fair Employment and Housing Act, or FEHA. It lowers the burden of proof to establish harassment and provides stricter guidance on what is or isn’t unlawful harassment. It also expands protections from harassment by contractors, rather than just sexual harassment. Defendants can’t be awarded attorney’s costs unless the action was frivolous. It prohibits release of claims under FEHA in exchange for a raise, a bonus or as a condition of employment or continued employment.
Harassment Training (SB 1343): Requires employers with five or more employees to provide two hours of sexual harassment prevention to all supervisory employees and at least one hour of sexual harassment training to nonsupervisory employees by Jan. 1, 2020. Training should take place every two years after that. Employers also need to make the training available in multiple languages.
If you or someone you know is injured in an accident in an accident at the fault of a DUI driver, sexually assaulted, or had their civil rights violated, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.