New year, new laws for California drivers, bicyclist, scooter riders

January 2, 2019 | 11:10 am


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:

 

TRAFFIC SAFETY

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.

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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.

5 new California laws in 2018 call for safer streets and workplaces

December 27, 2017 | 9:17 am


The New Year also means new laws for California.

Several laws will take effect starting Jan. 1, including several transportation-related rules and changes. They include laws related to marijuana and driving, seat belts on buses, and a new blood alcohol concentration limit for Uber drivers.

Because Chain | Cohn | Stiles focuses on motor vehicle accidents and other roadway related injury cases, we wanted to share some of these changes as we start 2018. And since the Bakersfield-based law firm also represents victims of workplace harassment, we also share one new law related to employer supervisor training.

Learn a little more about these new laws below, courtesy of the California Department of Motor Vehicles:

Marijuana Use in Vehicles (SB 65): This law prohibits using marijuana or marijuana products while driving or riding as a passenger in a vehicle. This includes smoking marijuana and consuming edibles in vehicles. Similar to the “open container” laws, marijuana products must be locked away or sealed in a container. If you break this law, you’ll get a negligent operator point counts. The same goes for motorcycle riders. The new law will be implemented after officers pull motorists over for separate moving violations.

Commercial Buses and Seat Belts (SB 20): This law requires passengers on commercial buses to put on a seat belt. Kids over 8 years old but under 16 years old won’t be allowed to ride unless they are restrained by a seat belt; otherwise, parents and legal guardians will be fined $20 on the first violation, and $50 thereafter.

DUI, Passenger for Hire (AB 2687): This one begins July 1, 2018, and this law makes it illegal for anyone to drive with a blood alcohol concentration of .04 percent or higher if there is a passenger in the vehicle who has hired the driver — like Ubers or Lyfts. This is a higher standard than the current .08 BAC for all drivers. Punishment is a suspended driver’s license if convicted.

Motorcycle Training (AB 1027): This law authorizes the DMV to accept a certificate of satisfactory completion of any motorcyclist-training program approved by the California Highway Patrol in the place of a required motorcycle skills test. Applicants for an original motorcycle license or motorcycle endorsement under 21 years of age are still required to complete a novice motorcyclist-training program.

Harassment Training (SB 396): Especially relevant now during the “Me Too” movement, employers with 50 or more employees — who are already legally required to conduct two hours of sexual harassment training every two years — must include training for supervisors that includes harassment based on gender identity, gender expression, and sexual orientation.

* Update: Chain | Cohn | Stiles is no longer accepting wrongful termination and sexual harassment cases *

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If you or someone you know is injured in a vehicle accident at the fault of someone, contact the lawyers at Chain | Cohn | Stiles by calling (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.