Sound Advice. Effective Representation. Exceptional Results.
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ANIMAL PROTECTION AND EMPLOYEE RIGHTS
SET THE TREND FOR CALIFORNIA'S
NEW LAWS IN 2020
By Barry A. Bradley, Esq.
By Thomas P. Gmelich, Esq.
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Last year in California, hundreds of bills were signed that became effective in 2020. This may be important to non-Californians, as well, since we seem to often start a trend that moves Eastward. (Should we apologize, or boast? -- You’ll have to decide!) Here is a small sampling of our new laws. They might have you say, “
Only in California!”
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California is Furless!
Our Fish and Games Code has been amended by
Assembly Bill (“AB”) 588
to prohibit the killing of bobcats for sport, including for trophies. Unless a bobcat threatens human life, it now has protection until 2025, at which time its population will be reassessed.
Further, our other furry mammals – such as minks, red fox, gray fox, raccoons and beavers -- can roam without fear of being made into jackets.
AB273
now makes it a misdemeanor to trap such animals for the purpose of selling or trading, and
AB 44
makes it a crime to sell any natural fur product within the state. (This ban will be effective in 2023.)
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Animals Have Rights Not to Be Guinea Pigs
Testing of cosmetics on all non-human animals is now illegal in California. In fact, even if a company doesn’t do the testing in this state, but contracts to have it done out of state where such practices are still allowed, it will cost the manufacturer and distributor $5,000 for the initial violation, and up to $1,000 per day for each day the violation continues.
SB 1249
was actually one of the last bills signed by former Governor Jerry Brown, which had a one-year delay. We’re sure the rabbits and other creatures won’t mind not having these items sprayed in their eyes or rubbed on them in the laboratories.
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Dangerous Dogs Need Not Apply
Perhaps “Fluffy” should be renamed “Cujo.” In an effort to protect non-suspecting pet adopters and their families from vicious animals,
AB 588
requires public and private animal shelters to disclose a dog's biting history to a potential new owner if a dog (at age 4 months or older) has broken a human's skin.
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Drones Banned As Peeping Toms
We are all a little safer inside our residences and other places where we have a reasonable expectation of privacy. Thanks to
AB 1129
, it is now a crime to use a drone or other electronic device (such as hacking into a monitor or in-home camera) for the purpose of viewing or recording someone in various stages of undress. It also creates a private right to sue in a civil action.
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Using “Independent Contractors” Might Be Against The Law if Misclassified
One of the most controversial bills,
AB 5
, has many California businesses changing the way they hire workers. Businesses who often classified some workers as “Independent Contractors” rather than “Employees” due to the independent nature of their work and lack of control over the worker, are now scrambling to reclassify everyone as an “employee.” Employees receive overtime, get regulated rest and meal breaks, and have insurance benefits, including access to workers compensation. However, the trade off is the amount of control the employer has to restrict the freedom of the employee regarding hours, methods, policies and procedures.
While targeted directly at gig workers (such as Uber and Lyft drivers, as well as your Postmates delivery person), this new law may also apply to many more contract or independent workers in California. Under this bill, workers would be considered employees and not independent contractors if the employer controls the work, directs them in the course of their work or if the worker's job is part of a company's main business. Uber and several other businesses are suing to stop Assembly Bill 5 from being implemented. Freelance journalists, too, have filed suit since many national publications are eliminating their California-based writers. It is expected that the price of making these people “employees” will be passed-on to the consumer.
Read more.
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Don’t Touch My Hair!
California has become the first state to ban workplace and school discrimination based on a person's natural hairstyle or hair texture, with the Crown Law. Protected hairstyles include braids, twists and locks.
SB 188
will protect these natural hairstyles, and all human resource grooming policies should be amended to comply with this new law.
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Another Year, Another Dollar Minimum Wage
Another pay hike is on the way for minimum wage workers. This is the continuing effect of
SB 3
(2016). The minimum wage in California goes up by one dollar to $12 an hour for workers at companies with less than 26 employees and to $13 an hour for workers at larger companies. (Remember that some local jurisdictions impose a higher minimum wage.)
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More Dignity For Nursing Moms
With the passage of
SB 142
, California expands its protections for lactating mothers. While the law already requires employers to provide breaks for nursing mothers, many were forced to express breast milk in a bathroom stall or office closet. This new law requires companies to provide appropriate lactation accommodations that are close to the employee's work area, has electrical plugs and is free of intrusion.
Read more.
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Employment Arbitration Agreements – Are They Legal?
AB 51
was to be implemented on January 1, 2020, but a judge has placed a hold on its enforcement. Under the bill, employers cannot require any applicant for employment or prospective employment, or any employee to waive their right to use the court system by entering into mandatory arbitration agreements as a condition of employment. The law bans mandatory arbitration agreements with employees. (This is contrary to a 2018 United States Supreme Court ruling in
Epic Systems Corp
, which this bill seeks to sidestep.) The law does not apply to arbitration agreements entered into prior to January 1, 2020.
Read More.
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Addressing Sexual Misconduct
Last year, California employers were faced with
SB 1343
which requires employers with at least 5 employees to provide at least one (1) hour of sexual harassment prevention training to all non-supervisory employees and two (2) hours for supervisory employees in California by January 1, 2020.
SB 778
extends the deadline for mandatory sexual harassment training to January 1, 2021, and requires new supervisors to be provided training within six (6) months of the assumption of a supervisory position.
Note that temporary services employers (including private patrol operators) must train all newly hired employees as of January 1, 2020, within 30 days of hire or 100 hours worked, whichever is earlier. Temporary services employers have until January 1, 2021 to train all employees hired before 2020.
Read more.
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On Line Privacy Prevails! California Consumer Privacy Act
Californians now have the right to learn what companies like Facebook and Google know about them, and to stop the sharing or selling of their data.
AB 375
created the California Consumer Privacy Act (CCPA) which gives internet users more control over their data. Consumers can also now sue over data breaches if companies fail to adequately protect their data. We will all start seeing more privacy buttons on our browsers.
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More Not-So-Controversial Gun Control Laws:
Ex Parte Gun Violence Restraining Order:
Current law allows an immediate family member or law enforcement to obtain an emergency ex parte restraining order to remove a gun and ammo from a person likely to use the weapon against the person obtaining the order, which is good for up to 21 days, and following a hearing, up to 1 year. The new law,
AB 61
, now allows an employer, a co-worker or a teacher to obtain the Temporary Restraining Order with the understanding that they may be able to identify warning signs before violence occurs.
Semiautomatic Rifle Sales
:
SB 61
now prohibits the sale of a semiautomatic centerfire rifles to any person under 21 years of age. Exceptions apply to law enforcement and
active
military. It also limits one such rifle purchase in any 30-day period. (Licensed security companies are exempt.)
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Spoiled Children
Students in elementary school who are disruptive, and even willfully defiant, can no longer be suspended or expelled (except when they are violent).
SB 419
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. Sadly, high school students must wait until 2025 for the same benefit. (This is coddling at its worst.)
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Wanna Spoon With Me?
In an effort to limit our waste and the environmental impact caused by throwing away single-use utensils, plates and straws,
AB 619
now tips its hat to Mother Earth – probably more so than anywhere else in the world. This new law allows restaurant customers to bring — and eat with/from — their own food containers and silverware. It also allows food vendors at fairs, festivals, and farmers markets to use reusable items, which has been against the law until now.
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Barry A. Bradley, Esq.
and
Thomas P. Gmelich, Esq.
are the founding partners of
Bradley & Gmelich LLP.
For the past 20 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 15 and 10 years, respectively. The firm represents businesses and employers in general civil litigation, employment law and business law matters.
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Bradley & Gmelich LLP is proud to congratulate
Stephan Hyun, Esq.
on his promotion to
Special Counsel
. As a tenured Senior Litigation Associate with the firm, Mr. Hyun has demonstrated his abilities to effectively advocate on behalf of our firm’s clients in general civil litigation and business litigation. Stephan’s transactional work on contracts and various business agreements are bolstered because of his litigation experience. His extensive knowledge also includes providing legal counsel to security companies regarding licensing and compliance, as well as to cannabis businesses and related vendors in navigating the growing cannabis industry in California.
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LEAPS
2020 Training Symposium
To Be Held On March 26, 2020 in Glendale, California
Bradley & Gmelich LLP is a proud sponsor of The Law Enforcement & Private Security (LEAPS-Cal) Conference. The exciting topic for this year's full day training symposium is "Protection Through Partnership: Guidelines and Practices for Retail/Restaurants/Supermarkets Dealing with Disruptive Guests and Dangerous Situations by Utilizing Law Enforcement & Private Security.” In addition to a panel discussion, Nationally Renowned Speaker Gordon Graham will be the keynote speaker. The afternoon portion of the seminar will focus on Active Shooter. The seminar is sure to give participants many “take aways.” As always, LEAPS-Cal will be fostering local relationships between Private Security and Local Law Enforcement, promoting cooperation and understanding from both aspects of protecting our clients and constituents.
This event only happens thanks to private sponsors. This year, there are also a limited number of exhibitor opportunities available, as well. LEAPS-Cal is a 501(c)(6) non-profit organization. The deadline for sponsorship is February 29, 2020, however, early bird sponsorship is available until
January 31, 2020.
For the most up to date information and online registration, or to become a sponsor or exhibitor, please visit
www.leapsla.org.
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Sound Advice.
Effective Representation.
Exceptional Results.
Bradley & Gmelich LLP has been representing businesses and individuals in California for 20 years in the areas of General Civil Litigation, Business Law, and Employment Law.
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Congratulations to
Jonathan A. Ross, Esq.
and
Carol A. Humiston, Esq.
for prevailing on a Motion for Summary Judgment in the matter of
Pasadena Republican Club v. City of Pasadena et al
. In this Federal Court case, venued in the Central District of California, plaintiff alleged that it was discriminated against by the Western Justice Center when it refused to honor a prior commitment to lease the facility to the Club and permit one of its speakers to address a prior arranged speaking engagement. The Western Justice Center leased the location from the City of Pasadena. The Western Justice Center maintains the location at its own costs. The City of Pasadena played no role to whom the Western Justice Center permitted to speak or to not speak at the location. Plaintiff claims that the Western Justice Center allegedly discriminated upon religious and political grounds against plaintiff when it refused to honor its prior commitment to lease the facilities to Pasadena Republican party for an invited guest speaker to address the club. Upon Motion for Summary Judgment, the Court granted the City’s motion, stating that there was no evidence of the City having a policy or custom of discrimination, nor was the City and the Western Justice Center joint actors, and the Center’s actions are not the policy or custom of the City.
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**Please Note Date Change**
On March 3, 2020, Partner
Kathryn Canale, Esq.
will be speaking at the
National Association of Women Business Owners - LA Westside Connects
regarding
New 2020 Labor & Employment Laws
. California employers must review their policies and practices to ensure ongoing legal compliance and to limit potential exposure. Whether you’re a small business owner, HR professional, new manager or supervisor, you won’t want to miss this update. Ms. Canale will review key laws impacting California employers today, focusing on the New Requirements for Sexual Harassment training and Contractor vs. Employee Classification rules.
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Combined Claims Conference
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Partners
Thomas P. Gmelich, Esq.
and
Lena J. Marderosian, Esq.
will be presenting on March 3, 2020, at the 32nd Annual
Combined Claims Conference
on
Make or Break Your Case: The Use of Expert Witnesses in Litigation
.
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Barry A. Bradley, Esq.
and
Jaimee K. Wellerstein, Esq.
will speak at
CALSAGA Security University
on March 3 in Pleasanton. Running a security business is complex. Make sure that you have all the knowledge and resources required to stay compliant with the law and competitive in the industry. This event is beneficial for new private patrol operators, those looking to advance in the security world and industry veterans!
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LEGAL COMPLIANCE REMINDER FOR CALIFORNIA EMPLOYERS:
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By January 1, 2021, California employers with five or more employees must provide all non-supervisory employees with one hour of sexual harassment prevention training within six months of hire, and every two years thereafter. As of January 1, 2020, employers with seasonal and temporary employees must receive training within 30 days of hire or within 100 hours worked, whichever occurs first. Supervisors must be provided two hours of sexual harassment prevention training within six months of hire or promotion, and every two years thereafter. Contact your attorneys at Bradley & Gmelich LLP to schedule your sexual harassment training now!
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