It’s that time of year again to consider what new legislation will affect you. Below is a sampling of some of the laws that became effective with the dawning of 2014.
Labor Code §1182.12 provides that the current minimum wage in California will rise from its current $8 per hour to $9 per hour on July 1, 2014 and effective January 1, 2016, to $10 per hour.
Labor Code § 1194.2 and 1197.1 to add additional remedies against employers failing to pay minimum wage.
Home Care Services Consumer Protection Act: Welfare & Institutions Code §1796.10 et. Seq will require that after January 1, 2015 all home care organizations be licensed and home care workers be required to register with the State.
Penal Code § 273.5 has been expanded to include violence perpetrated on one with whom a dating or engagement relationship does or has existed.
Labor Code §§ 230 and 230.1 now provide employees who have been the victims of stalking the same type of protection from discrimination by employers required for victims of domestic violence.
Vehicle Code §23134 now prohibits any use of telephones while driving for any person under the age of 18. It does not matter whether the device is handheld or wireless or Bluetooth connected.
EMPLOYMENT APPLICANT CRIMINAL CONVICTION INQUIRY
Labor Code §432.9 becomes law July 1, 2014 and will prohibit state or local agency employers from inquiring about criminal convictions until the state or agency employer determines that the applicant is otherwise qualified for the position.
UNDUE INFLUENCE – ELDER ABUSE
Probate Coe §86 is added and Welfare & Institutions Code §15610 is amended to enlarge the definition of “undue influence” as it relates to what constitutes elder abuse.
Civil Code §841 now provides that adjoining landowners will be equally responsible for the costs of fences between their properties.
BROKEN PARKING METERS
Vehicle Code §22508 finally prohibits the issuance of a parking ticket where the parking meter is broken.
Code of Civil Procedure §527.6 now provides that an injunction to prevent harassment (generally violence) may be ordered for up to five years instead of the previous three years.
Family Code §6325.5 is added to provide that in a domestic violence case, the court may order that the offending party may not use, borrow against or transfer funds or change beneficiaries on life or other insurance coverage for which the offending party may be liable for current or future support. This means that no divorce proceeding need exist at the time of the domestic violence hearing.
MEDICAL RECORD PRIVACY
Civil Code §56.06 now includes those who will be liable for the unauthorized release of medical information those who provide software (even including mobile applications) for the storage of medical information.
Vehicle Code §21760 requires that when passing a bicycle there must be at three foot clearance between the vehicle and the bicycle.
Business & Professions Code §22575 now provides that if an operator of a commercial website collects personal information on its users and provides a ”do not track” option for the consumer then the operator must provide a link to information as to how it responds to the “do not track” option.
ENGINEERS AND LAND SURVEYORS
Business & Professions Code §§6770.1, 6770.2, 8776, 8776.1 and 8776.2 now require that licensed engineers and land surveyors report to the Board of Professional Engineers and Land Surveyors judgments against them only if they are $25,000 or more and settlements in which the engineer or land surveyor pays more than $50,000. The former law required reporting of all judgments against the engineer or land surveyor and all settlements where the engineer or land surveyor paid.
Vehicle Code §§1653.5, 12800, 12801, 12801.1, 12801.5, 12801.9, 12801.10 and 12801.11 now provide that the DMV must issue California drivers’ licenses to undocumented California residents as long as they otherwise qualify for a California drivers’ license.
ADMISSION TO PRACTICE LAW
Business & Professions Code §6064 now permits the admission of those unlawfully in the United States as California attorneys if they otherwise qualify for admission to the California Bar.