Sound Advice. Effective Representation. Exceptional Results.
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Scooters, Breastfeeding, and Sexual Misconduct --
New Laws Run the Gamut for 2019
By Barry A. Bradley, Esq.
and
Thomas P. Gmelich, Esq.
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In his final term, California Governor Jerry Brown signed more than 1,000 new laws for 2019 that will likely affect you, offend you, or simply amuse you. If you do business here in the Golden State, live here, or simply enjoy reading interesting stuff, you should be familiar with our new laws. Here are a few highlights for your reading pleasure. . .
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Watch Out for Electric Scooters
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Electric scooter rentals are the latest craze sweeping California cities.
Assembly Bill 2989
allows adults 18 or older to ride the scooters on city streets
without a helmet
with a travel speed no greater than 15 miles per hour. (Minors with a driver’s license can ride them, but still require a helmet.) Scooters are allowed on streets with a posted speed limit of up to 35 miles per hour, and thankfully not on sidewalks. (We sense more accidents are coming. Duh!)
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Furry Up! Don’t Wait For Pet First Aid
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We Californians love our pets. In passing
Senate Bill 1305
, the legislature declared that “
California residents receive comfort and unconditional love on a daily basis from their household pets, particularly dogs and cats
.” (We know you non-Golden State folks also love your pets.) Until now, only licensed veterinarians could provide first aid to our furry friends. Now, however, First Responders can finally administer first aid (including “mouth to snout” resuscitation) if they want to without fear of civil or criminal liability.
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Sidelined No More – Sidewalk Vendors Gain New Rights
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If you enjoy walking in downtown or outside sporting events and tasting some local delicacies, the vendors who provide these tasty treats will soon be able to do so legally.
SB 946
eliminates the current criminal penalties, while allowing local governments to regulate vendors with regard to health and safety for their customers. Yes, tofu kabobs will be legal for all to enjoy.
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Addressing Sexual Misconduct
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In a follow up to the #MeToo movement against workplace sexual harassment, a few more bills were passed to protect workers.
Senate Bill 820
forbids companies from forcing employees who settle sexual harassment complaints to sign non-disclosure agreements that prevent them from speaking out about what happened. While a victim can still choose to keep his or her name private, the perpetrator’s name can no longer be confidential.
Similarly,
Senate Bill 1300
bans the business practice of requiring workers to sign releases of liability as a condition of continued employment or in exchange for a bonus.
Additionally,
Senate Bill 1343
will require that all business with 5 or more employees provide sexual harassment training for all employees (not just supervisors) every two years. (Ensure your training is completed by competent trainers or your counsel and are well-documented.)
California corporations, as well as foreign corporations that have their principal offices in the state, must now guarantee women a larger role in the corporate leadership.
Senate Bill 826
compels public companies in California to have at least one female director on their boards by the end of the year.
[For more information about new employment laws,
click here
for our recently released Employment Team’s Legal Update for 2019.]
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Some Not-So-Controversial Gun Control Laws
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California continues to tighten what are already among the strictest firearms regulations in the country.
Senate Bill 1100
raises the age limit for the purchase of long guns, such as rifles and shotguns, from 18 to 21. The state already restricts handgun purchases to adults 21 and older.
Further,
Assembly Bill 2103
requires applicants to undergo a minimum of eight hours of training and pass a live-fire shooting test to receive a concealed carry weapons permit. This will ensure safer usage.
And to protect victims of domestic violence,
Assembly Bill 3129
, now makes it illegal for anyone convicted of misdemeanor domestic violence going forward to own a firearm.
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Gender X on Official Documents
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Californians who don’t identify as either male or female now have a third option for their driver’s licenses:
Senate Bill 179
creates a “nonbinary” gender category, designated by the letter “X.” An applicant or a person seeking a renewal of their license can now check whichever box they associate with. It will make it easier to obtain amended birth certificates with a court order without the need to prove any medical treatment. The applicant has to sign under penalty of perjury as to their gender (or non-gender) identification.
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Breastfeeding With Dignity
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California already requires business to make a reasonable effort to provide lactation space and breaks for pumping. Sadly, some employers have accommodated nursing mothers trying to pump breast milk by giving them crude places to pump – even in the men’s room. Thanks to
Assembly Bill 1976
, nursing mothers will now receive more accommodations at work to pump breast milk. Businesses must now provide space in a private area that is not a bathroom. This is good for everyone’s dignity.
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Restaurants – Don’t Ask, Don’t Get. . .
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Not Quite The Last Straw
--
If you enjoy sipping from a plastic straw while dining out, you’ll now have to make a special request to your waiter.
Assembly Bill 1884
takes aim at creating awareness about the environmental impact of single-use plastic items by prohibiting full-service restaurants from providing straws unless a customer asks.
Attacking Childhood Obesity -- In an effort to combat childhood obesity and other diseases linked to sugar consumption,
Senate Bill 1192
requires establishments that market kid’s meals to serve water or unflavored milk as the default drink. Customers can still specifically order an alternative like soda and juice.
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Surf’n Cali-For-Nye-Ay. .
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The Beach Boys had it right –
Assembly Bill 1782
notes that California is home to the Surfers’ Hall of Fame, the International Surfing Museum, and the California Surf Museum. Our beautiful coastline spans 1,100 miles and its beaches and coastal areas generate $1.15 trillion in economic activity annually. We are the heart of the surfboard building industry, which has innovated surfboard technology and pioneered sustainable manufacturing practices and techniques. We even invented the first neoprene wetsuit. So, it only seems appropriate that the Official Sport of California is Surfing. Hang Ten, everyone.
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We wish you -- our friends, clients and your families -- the best for a healthy and successful 2019.
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Barry A. Bradley
and
Thomas P. Gmelich
are the founding partners of
Bradley & Gmelich LLP.
For the past 19 years, Tom and Barry have enjoyed litigating cases and watching the firm grow to over 25 attorneys and a full support team. Both Barry and Tom have AV-Preeminent ratings from Martindale-Hubbell, the highest peer review rating possible, and have been named Southern California Super Lawyers for the past 14 years. The firm represents businesses and employers in general civil litigation, employment law and business law matters.
[email protected]
and
[email protected]
.
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