New year, new laws for California drivers, police, bicyclist, and more

January 1, 2020 | 6:00 am


The New Year brings new laws to California.

For 2020, several new laws will affect roadway safety starting Jan. 1, including increased distracted driving penalties, peace officer use of deadly force, bicycle turning movements at intersections, wildlife salvage permits, and motor carrier permit rules. The following laws are relevant for Chain | Cohn | Stiles legal practices, as the law firm handles accident and injury cases.

  • Traffic control devices for bicycles (AB 1266): This new law allows bicycles to travel straight through a right or left-hand turn-only lane while at an intersection, if an official traffic control device indicates the movement is permitted. The California Department of Transportation would be required to develop standards to implement the provisions.
  • License points for distracted driving (AB 47): Current law prohibits a person from driving a motor vehicle while using a wireless telephone in a handheld manner; if found in violation, the offense is punishable by a fine. A new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each hands-free violation occurring within 36 months of a prior conviction for the same offense.
  • Peace officer use of deadly force (AB 392): This new law revises the standards for use of deadly force by peace officers. The use of deadly force by a peace officer is justifiable when the officer reasonably believes it is necessary, amending the reasonable force standard to “objectively reasonable force.”
  • Law enforcement training (SB 230): This new law requires law enforcement agencies to rewrite use of force policy and provide mandatory training to all peace officers in order to comply with the new law.
  • Cannabis and passenger vehicles (AB 1810): California law will now prohibit the consumption of cannabis, in any manner, by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper. This exemption is now only applicable to alcoholic beverages consumed by passengers in these types of vehicles.

Besides these traffic laws above, you should be aware of several other new laws in 2020 affecting the workplace, your privacy, animals, schools, and the criminal justice system.

WORKPLACE

  • Minimum wage (SB 3): The minimum wage in California goes up by one dollar to $12 an hour for workers at companies with 25 or fewer employees and to $13 an hour for workers at larger companies.
  • Hairstyles (SB 188): California becomes the first state to ban workplace and school discrimination based on a person’s natural hairstyle or hair texture. Protected hairstyles include braids, twists and locks.
  • Lactation accommodations (SB 142): This new law requires companies to provide appropriate lactation accommodations that is close to the employee’s work area, has electrical plugs and is free of intrusion.
  • Sexual harassment (SB 1343): Requires businesses with at least five employees to provide sexual harassment training to its employees within six months of being hired, and every two years after that.
  • Paid family leave (SB 83): New parents will have more time to care for their child. Benefits under Paid Family Leave will increase from six weeks to eight weeks starting on July 1, 2020.

HOUSEHOLDS

  • AB 1482: Rent control: The law limits rent increases to 5 percent each year plus inflation, but never above 10 percent total. The law does not apply to housing built in the 15 years prior. The limit is a rolling number so the date housing is excluded changes every year.
  • AB 652: Religious displays: The law prohibits landlords and homeowner associations from banning the display of religious items on entry doors or door frames. The items cannot be larger than 26 by 12 inches.
  • SB 222: Housing discrimination: This law expands existing law to protect veterans and military personnel against housing discrimination.
  • SB 30: Domestic partners: This law allows heterosexual couples to register as domestic partners instead of getting married. Currently, only heterosexual couples age 62 or older were allowed to register as domestic partners because of social security benefits. The new law could help couples with combined higher incomes avoid the federal marriage tax penalty.

PRIVACY

  • Online privacy (AB 375): The California Consumer Privacy Act (CCPA) gives internet users more control over their data. Among other things, the law gives users the right to know what data is collected, the right to reject the sale of your information and the right to delete your data.

EDUCATION

  • School suspensions (SB 419): The law bans schools from suspending students in grades 4-8 for disrupting school activities or defying teachers and administrators. Students in grades K-3 already have this protection. High school students must wait until 2025 for the same benefit.

CRIMINAL JUSTICE

  • Juvenile hall (SB 439): Minors under 12 who commit non-violent crimes would be released to his or her parent or legal guardian instead of being sent to juvenile hall. The law does not apply to minors who commit murder, rape, or great bodily harm.
  • Human trafficking (SB 970): Operators of motels and hotels in California must provide training to teach its staff how to identify victims of human trafficking.

ANIMALS

  • Dog areas (AB 1762): The California Department of Parks and Recreation has until July 1 to establish a comprehensive list of state parks that allow dogs, including the specific areas that allow dogs and the total miles of trails that are open to dogs.

WILDFIRES

  • Public safety power shutoffs (SB 167): Requires utilities to devise plans on reducing the negative impact of planned power shutoffs to first responders and people with disabilities.
  • Tree trimming (AB 247): Gives the California Public Utilities Commission more oversight over tree trimming efforts by utilities. Power companies would have to submit timely reports on their brush and tree trimming work.
  • Wildfire warning center (SB 209): Establishes a wildfire warning center to broaden the state’s ability to predict and prepare for wildfire. The center would rely on a statewide network of automated weather stations and fire detection cameras.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

New Year, new laws in California for safer streets

December 28, 2016 | 11:51 am


In California, the New Year also means new laws.

And for 2017, several new transportation-related laws, and changes to existing laws, are taking effect starting Jan. 1. Many of them are aimed to keep drivers safer on our streets, including addressing the use cell phones in cars, child safety seats, and motorcycle lane splitting.

The accident and injury law firm Chain | Cohn | Stiles wanted to share some of these changes ahead of the New Year. Learn a little more about them below here, courtesy of the California Department of Motor Vehicles:

Use of Electronic Wireless Devices (AB 1785): Driving a motor vehicle while holding and operating a cellphone will be prohibited, unless the device is mounted on a vehicle’s windshield or is affixed to a vehicle’s dashboard or center console where it does not block the driver’s view of the road. According to the Sacramento Bee, “the law is designed to stop people from holding their phones for a variety of uses that have become popular in recent years, including checking and posting on Facebook, using Snapchat, scrolling through Spotify or Pandora playlists, typing addresses into the phone’s mapping system, or making videos and taking photos.”

A recent California Office of Traffic Safety study found that one out of eight drivers pays as much attention to his or her smartphone as on the road. Distracted driving accounts for some 80 percent of crashes.

Child Safety Seats (AB 53): This law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is younger than 2 years of age in an appropriate rear-facing child passenger restraint system, unless the child weighs 40 or more pounds or is 40 or more inches in height.

Motorcycle Lane Splitting (AB 51): This law defines “lane splitting” as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The law authorizes the California Highway Patrol to develop educational guidelines on lane splitting to help ensure the safety of all motorists. CHP would have to consult with safety agencies and organizations to craft the guidelines for motorcycle lane splitting.

DUI ‘Ignition’ Interlock Devices (SB 1046): This bill extends a pilot program that requires most convicted DUI drivers to install ignition interlock devices, which prevent them from operating a motor vehicle while under the influence. Under the law, the DUI offender is able to obtain a restricted driver’s license, have their license reissued, or get their motor vehicle privileges reinstated on the condition that they install a device in their vehicle for a prescribed amount of time. The bill extends the pilot program in four California counties — Kern County not being one of them — before it expands to the entire state on Jan. 1, 2019.

Chain | Cohn | Stiles is actively involved with Mother Against Drunk Driving, Kern County.

Accident Reporting (SB 491): This law increases the minimum financial threshold for property damage that is required to be reported to the DMV from $750 to $1,000 when a driver is involved in a motor vehicle crash.

Vehicle Safety Recalls (AB 287): This law, called the Consumer Automotive Recall Safety (CARS) Act, requires the DMV to include a general advisory regarding vehicle recalls and needed repairs on each vehicle registration renewal notice. This law also bans a dealer or a rental car company from renting or loaning a vehicle with a manufacturer’s recall until the vehicle has been repaired.

Installing Counterfeit or Nonfunctional Air Bags (AB 2387): This law prohibits knowingly and intentionally manufacturing, importing, installing, reinstalling, distributing, or selling any device intended to replace an air bag system in any motor vehicle if the device is a counterfeit or nonfunctional air bag system, or does not meet federal safety requirements. This violation is a misdemeanor punishable by a $5,000 fine and/or up to a one year in county jail.

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If you or someone you know is involved in a motor vehicle accident at the fault of another, please call the accident and injury lawyers at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com.

Community Voices: Bad workers’ compensation laws in California are costing taxpayers

October 26, 2016 | 9:02 am


Editor’s Note: The following article appeared as a Community Voices article in the Oct. 14, 2016, Opinion section of The Bakersfield  Californian. To read the article in print format, click here. To see the article online, click here

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Taxpayers: Bad workers’ comp laws in California are costing you

By James A. Yoro

As a business owner, I have a personal investment in the health and welfare of my employees. Not only do I want a safe working environment but if, God forbid, they get injured, I want them to be taken care of so that they can return to work as soon as they recover.  That is what I expect for the insurance premium dollars I have spent.

A workers’ compensation system that provides adequate support to injured workers is a key component to the social safety net that we as a society have all agreed is necessary. It provides a fair and balanced approach to the costs of doing business and the unfortunate inevitability of on-the-job injuries.

Continuing erosion of these safety net benefits result in harmful and widespread economic consequences to the injured worker. What often goes unnoticed and unmentioned is the fact that we all will ultimately bear the brunt of this denial of benefits as a result of the cost shifting that occurs.

In fact, it’s costing you, my fellow taxpayers, right now.

California’s private workers’ compensation insurance carriers so effectively lobbied California’s legislators that they have eroded the system to the extent that the costs for the long-term care and disability for injured workers in the state often falls on taxpayers through the Medicare, Medi-Cal and Social Security system. This is an undue burden to the taxpayers and a shirking of the insurance company’s responsibilities. California’s workers’ compensation insurers continue to collect premiums from California’s employers all to increase their profits while California’s injured workers ultimately have to rely on taxpayer-funded systems.

A recent U.S. Department of Labor report (“Does the workers’ compensation system fulfill its obligations to injured workers?” – Oct. 5, 2016) outlines the troubling condition faced by injured workers because state-sponsored workers’ compensation programs throughout the nation are failing to provide even rudimentary benefits.

“Other social benefit systems … have expanded our social safety net, while the workers’ compensation safety net has been shrinking. There is growing evidence that costs of workplace-related disability are being transferred to other benefit programs, placing additional strains on these programs at a time when they are already under considerable stress.”

For example, here in California, benefits paid to injured workers to replace lost wages during the time off needed to recover from an injury have been capped at 104 weeks. The consequence of this is that those most seriously injured who do not recover in that amount of time face severe financial pressures. With no other similar benefit available, the burden to survive falls on the disabled worker, and ultimately the taxpayers.

The labor department report calls for an increase in the federal role of oversight including the appointment of a new national commission and establishment of minimum standards.

Business owners and employers should all be contacting their legislative representatives and demanding an end to this continuing degradation of rights and benefits to our hard-working labor force.

I am not a proponent of federal intervention into our states workers’ compensation system; however, this report should serve as a wake-up call to all of us. If we do not take care of our injured workers, then the threat of big government casting its shadow across our Golden State looms large in our foreseeable future.

James A. Yoro is a certified workers’ compensation attorney, a senior partner at the Bakersfield-based injury and workers’ compensation law firm Chain | Cohn | Stiles, and has nearly 40 years of experience in the practice.

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If you or someone you know is hurt on the job, contact our workers’ compensation attorneys by calling (661) 323-4000 or chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.