This year saw seismic shifts in California employee protections, sexual harassment and discrimination laws, state government oversight, consumer protections and business regulations. Here are a few new laws that may affect you after the ball drops on 2018:
- When medical providers in California are disciplined for ethical violations like gross negligence, substance abuse, inappropriate prescribing or sexual misconduct, they can be placed on probation and they can continue to practice for a period under restricted conditions. However, it was extremely difficult for patients to discover whether their medical provider was on probation as the medical providers were not required to disclose their probation to their patients. Starting in July 2019, your physicians, surgeons, podiatrists, acupuncturists, chiropractors and osteopathic and naturopathic doctors will have to inform you if they are on probation before they can treat you.
- If you were ever convicted of a marijuana violation it may soon be erased. The Department of Justice has until July 1, 2019, to review records and identify past convictions that may be eligible for recall or dismissal of a sentence.
- Local governments will be prohibited from banning street vendors. If local government wants to regulate street vendors, it will be required to set up a licensing system. Violations of local rules can only be punished with citations or fines, not criminal charges.
- All businesses with at least five employees will be required to provide mandated regular workplace sexual harassment training for all workers. Each such employee must also receive at least one hour of instruction on workplace sexual harassment within six months of being and every two years thereafter.
- You will no longer have to put postage on the envelope when you vote by mail. Your ballot will come with a prepaid envelope.
- You no longer have to wear a helmet when you ride your electric scooter which you now can operate at speeds up to 35 miles per hour.
- Building permits will now remain valid despite changes in the Building Code so long as the work is commenced within twelve months after the permit issued.
- Homeowner association boards will be required to review on a monthly basis the association’s accounts and reserves; will be required to have fidelity bond coverage for directors, officers, and employees equal to three months’ reserves; and will require a manager to obtain written board approval before the manager may transfer association funds of $10,000 or more.
- Employers will generally be prohibited from requiring the execution of a release or non-disparagement agreement in exchange for any condition of employment.
- Commercial landlords may serve Notice of Belief of Abandonment after the rent is unpaid for three days (at a minimum, depending on the number of days the lease requires before a landlord may declare a default), and allows delivery of that notice by overnight courier. The notice will expire after 15 days regardless of form of delivery.
- When counting a three days’ notice to pay rent or quit or a three days’ notice to perform covenant or quit, or in responding to a complaint for unlawful detainer, Saturdays, Sundays and judicial holidays will now be excluded.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
