If you are in the minimum wage, tomorrow you're our goes up $1 to $10. One of the new logs in California that take effect the first of the year. Joining us to talk about these some of the other ones is Dan Eaton. A San Diego attorney and a legal commentator who is often heard on Midday Edition. Thanks for joining us. ________________________________________ Dan you are an employment law attorney so let's discuss new laws. SB 588. I hope I got that right. The toughest pay law in the nation. We often hear that a full-time working woman earns $0.78 for every dollar. A man earns. What with this law try to do? ________________________________________ The numbers little off. It is 558 is another new employment law that deals with back wages. It is 358 that we are talking about. The fair pay act. And what it does is it says we are going beyond equal pay. The author said we've got to -- a persistent wage gap. Roughly $0.84 for every dollar a man makes. It is higher than the national average which is about $0.78. And so what the authors of the bill said is we have to address this. And so what they said is that employers cannot pay people of different genders who have the same kind of education, training, experience who are in substantially similar jobs different wages. And that is an effort to try to close the gap. It says if you can show certain things like different experience training education or seniority system that is okay but you have to show that that is the only reason you can explain this gender gap. ________________________________________ Substantially similar work? That is a new standard? What was the old standard? ________________________________________ April. Equal never even met exactly equal. It always meant something a little more than that. It didn't mean you had the exact same job with exact experience. And pay someone differently. You can't do that. That the courts didn't go much beyond equal. It's got to look a lot like the same job. This says substantially similar work. As this measure made it's way through the legislature, the original Virgin was comparable work and the business community got that -- whether this substantially similar work will make much of a difference. We will have to look at what the courts do with this. ________________________________________ Related to equal pay is also another new law that has to do with back wages. Want to tell us about that? ________________________________________ That is 588. What that does Tom as it deals with this issue of what is called wage. If you are not getting paid the minimum wage or your employee doesn't pay all of the wages to which you were entitled you go to a labor commission or court and you sue to get that money back and was some penalties. The fact is that the studies have found that this is an under enforced law and so the people are being deprived of their wages. Only roughly 14% or 15% of those -- even obtain orders in these wage are getting their proper back wages and labor Commissioner is giving additional tools to grow and levy certain property on these employees were not paying all of the wages that their employees are entitled to. ________________________________________ Dan Eaton is a San Diego attorney. He often joins us to analyze the law. Talk about new laws that take effect tomorrow. Not surprising given the news, also a number of new gun laws. One is very interesting. A temporary don violence restraining order. Tell us about that. ________________________________________ I expect this will be the subject of litigation down the line. What it would allow is allow a family member to file an affidavit to get a restraining order that would allow law enforcement to take guns even from someone a family member who is at risk to do harm to themselves or others for a period of up to 21 days subject ultimately to a period of up to a year that is renewable if the family member can show and attest that this person is likely to be of harm to themselves or other and the person doesn't get to contest that until a lease the expiration of the 21 day period. ________________________________________ This is an attempt to get guns out of people who may be mentally unstable. ________________________________________ That is right. It arises from a 2014 incident out of UCSD. Santa Barbara. Family called law enforcement concern. And law enforcement said it can't do anything. He's got a valid permit. This is designed to correct that. This is a serious risk. These guns can be taken away for up to 21 days subject again to further renewal up to a year and even after that. ________________________________________ Sounds like the NRA is not going to like this one. ________________________________________ And array doesn't like this one. That's why suspect there may be some litigation under the Second Amendment about this one. That this interferes with the rights of law-abiding gun owners. ________________________________________ A new gun law that requires manufacturers of toy guns to have special markings so that police can tell them apart from real guns in the street. ________________________________________ This new law deals with the problem of BB guns that look like real guns and sometimes a law enforcement officer sees this they shoot. It makes a lot of sense. This is designed to save the lives of people with BB guns so they don't hold up guns that are obviously subject to be mistaken for the real thing. There are certain colorations that have to go on the trigger barrel and so on to keep the gun barrel and trigger mechanism to make it obvious to law enforcement that this is after all a toy. It's a very important provision because it does lower the risk that somebody is accidentally going to be shot when they are simply holding a toy or be begun. ________________________________________ Let's move onto another kind of law. Another law, a new law taking effect tomorrow that would affect most of us. It has to do with technology. This law would prohibit police from searching a mobile device without a warrant. Which is something they have been able to do up until now. ________________________________________ They would take your personal device which virtually everyone has now. IPhone or android or whatever. And look at it and get access to it and look at the information. Now typically you are going to have to have a search warrant when you get it from someone else or when you ask the service provider to give you that information. You will have to show probable cause and get a search warrant before they can start rummaging around into your personal e-mails or your personal information. That is not going to preclude law enforcement from getting it from a recipient of messages who voluntarily discloses the information. ________________________________________ This is acknowledging -- wasn't there a Supreme Court case about this, this acknowledges that your cell phone is not really a phone, as a computer. ________________________________________ Some years ago. There been cases all along. At the case are referring to is dealing with a law enforcement officer who had some messages about an affair and the fact is we are dealing with a rapidly evolving area and what this law says is you have to slow down before you access this information because it is not a phone, a lot of information that people have and law enforcement should look at it unless they have a search warrant unless there are emergency situations and there are exceptions. ________________________________________ Also on the topic of technology and public safety. Earbuds and headphones will become illegal to wear when you are behind the wheel of a car or a bike. Or on a bike. Prior to this, you could do that. ________________________________________ You could have the earbuds and the fact is this new law says no you can't. One person who is quoted an article on this new law says hybrids for example or particularly quiet and you are not aware of them if you have these earbuds in and if you are not even an experienced driver sometimes you would miss an ambulance behind you. This is designed to keep people focused on the road so they can take a proper action and avoid accidents. ________________________________________ One more quick one for you Dan, there is a law that is created a lot of controversy and has to do with reproductive services. A.B. 775 if I have the number eight. What does that do? ________________________________________ It goes to this issue of emergency services and so forth that are designed frankly to discourage people from having abortions. It would require them to post a sign that talks about the range of available family planning services to make sure that those who are in distress are aware that discontinuing the pregnancy is an option. ________________________________________ These are the signs that a lot of us have seen on billboards if you are pregnant come to us, call this number and it affects those kinds of services. ________________________________________ That's right. The motivation behind those clinics is clearly to try to have the birth go forward and this would make it clear to the woman that there are a range of services and a range of alternatives that she has. ________________________________________ Dan Eaton, thanks for coming in. ________________________________________ If you are -- and 16 don't go in public it is not allowed. ________________________________________ Dan Eaton is a San Diego attorney and he has legal commentator who appears frequently on KPBS to help us analyze law. And I am Tom fudge.
California lawmakers approved a host of new laws this year that go into effect Jan. 1.
The laws target everything from wages, to privacy rights, to new rules for drivers.
Starting Friday, Californians will be prohibited from wearing earbuds or headphones in both ears while driving or riding a bike.
The DMV posted more of the new transportation laws on its website.
And registering to vote will get easier since drivers will automatically be registered when they obtain or renew their driver's license at the Department of Motor Vehicles.
Legal analyst Dan Eaton, an attorney at Seltzer Caplan McMahon Vitek, joined KPBS Midday Edition Thursday to discuss some of the new laws of 2016.
Fair Pay Act
California will have an expanded equal pay law beginning in January. It prohibits employers for paying men and women differently for "substantially similar work."
The existing law only specifies pay must be the same for "equal work" - a definition courts have interpreted narrowly.
UC Davis Professor of Law Emerita Martha West says the law also prohibits employers from retaliating against employees who discuss their salaries
“So the important part is that women need to find out what men are making in the work place," West said. "Women need to start talking to each other and talking to their colleagues at work to find out what everybody is making.”
Both Eaton and West said it will take several court cases to see how the law’s "substantially similar" language is interpreted.
"Equal never even met exactly equal. It didn't mean you had the exact same job with exact experience. The business community got that." Eaton said. "Whether this 'substantially similar work' will make much of a difference, we will have to look at what the courts do with this."
Fair Day’s Pay Act
The intent of this law is to crack down on employers who, for example, don’t give workers rest breaks or force employees to clock out early but keep working.
"Wage theft is rampant in California and throughout the country actually," said Lilia Garcia-Brower with the Maintenance Cooperation Trust Fund, an advocacy group that monitors conditions in the janitorial industry.
She pointed out the new California law gives the state more power to hold employers accountable when they lose wage claims but fail to pay their debt.
"So it gives the Labor Commission new tools, like liens, to go after those employers," Garcia-Brower said.
Garcia-Brower cites a UCLA study that shows more than 60 percent of the employers found guilty of wage theft shut down their company or changed their name.
"So then when the employee wins, and has that legally binding document that they’re owed that money, they’re unable to collect that," she said. "And that’s why we have such a low collections rate of 17 percent in California.”
Under the new law, companies found guilty will be banned from closing down and re-opening with a different name. And the Labor Commission will be able to place a lien on the property of an employer cited for wage theft.
Reproductive FACT Act
In the title of the bill, FACT stands for "freedom, accountability, comprehensive care and transparency." The law requires reproductive health care centers notify patients that the state offers free or low-cost contraception, prenatal care and abortions.
Religious-based "crisis pregnancy centers" are fighting the state on the new mandate but must comply until their cases are resolved. Licensed facilities that don't comply with the law can be fined $500 for the first offense and $1,000 for subsequent offenses.
Expanding the Unruh Civil Rights Act
Currently the Unruh Civil Rights Act bans discrimination based on several characteristics like sex, race and religion. New additional language outlaws discrimination based on citizenship, immigration status or primary language.
Jeannette Zanipatin is an attorney for the Mexican American Legal Defense and Educational Fund, or MALDEF, which helped write the legislation.
“It protects all folks who are immigrants, folks who are perceived to be immigrants, folks who may not have been born in our country but are definitely part of our society,” she said.
In other words, a business can't tell someone who is speaking Spanish that they must leave the premises.
The bill only protects patrons inside a business; it doesn't offer further protections to employees working for a business.
Gun restrictions for mentally ill individuals
AB 1014 allows family members "to file an affidavit to get a restraining order that would allow law enforcement to take guns from someone who is at risk to do harm to themselves or others," said Eaton.
The law stems from a 2014 incident in which a man killed six people near UC Santa Barbara. Family of Elliot Rodger notified the Santa Barbara Sheriff's Department of their concerns about his mental health. Deputies conducted a welfare visit but did not consider Rodger a risk.
Under the new law, law enforcement could hold weapons for up to 21 days, with the possibility to renew the hold for up to a year.
"I suspect there may be some litigation under the Second Amendment about this one - that this interferes with the rights of law-abiding gun owners," Eaton said.
Rodger had legally purchased three semi-automatic guns.
New regulations for BB guns
SB 199 requires BB and airsoft guns sold in the state to include fluorescent markings to distinguish them from real firearms. It was authored by Sen. Kevin de Leon (D-Los Angeles).
In several high-profile cases, police have shot teenagers after mistaking the toy guns the teens were carrying for real ones. In one case, a 13-year-old Santa Rosa boy was shot seven times by Sonoma County sheriff’s deputies after they mistook the airsoft gun the teen was carrying for an AK-47.
Democratic lawmakers passed the law more than a year ago, with the goal of preventing future tragedies.
Gun control advocate Mike McLively, an attorney at the Law Center to Prevent Gun Violence in San Francisco, said the law is a step in the right direction.
“A lot of these BB guns and airsoft guns are made to look extremely realistic these days,” the gun control advocate said. “So, it’s hard for law enforcement to distinguish between a fake gun and the real thing.”
Dave Givens is a youth shooting sports trainer in Merced County. He says the law won’t have much of an effect on his industry.
“The manufacturers, in an attempt to market to the younger shooters, have already offered their guns in a variety of different colors, patterns and camouflage schemes and so forth. It’s already part of the culture,” Givens said.
Gun control advocates, however, say the law should help phase out the toy guns that still look like real firearms.
California Electronic Communications Privacy Act
This law requires a warrant for all digital records: personal emails, texts, photos and a users’ physical location.
"What this does is creates a very clear process for the government to get your private data. Whether that's off a cell phone or from your online service provider," said Dave Maass, an investigative researcher with the Electronic Frontier Foundation, which supported the bill in the California State Legislature.
He said the law provides a balance between privacy and public safety.
"This actually has a benefit for law enforcement because every single corporation was running with a different policy, but now it's very clear what the process is and so that makes it easier for law enforcement to do their jobs," Maas said.
The law applies to devices and to all the tech corporations that store your data, from Apple to Twitter.
"But it also covers things like StingRays or IMCI captures, and these are devices that police use to track people by their cell phones, but in the process they collect information on hundreds, thousands of innocent people just to track one phone," Maas said.
There are exceptions to the warrant requirement: When an emergency involves danger of death or serious physical injury to any person.
And Eaton had this warning: "That is not going to preclude law enforcement from getting it from a recipient of messages who voluntarily discloses the information."
Craft Distiller’s Act
AB 1295 strikes a Prohibition-era law that prevented craft distillers from charging for tastings like brewers. They also couldn't sell product from their distillery. Now, they can sell up to three bottles per customer, and offer tastings and mixed cocktails onsite.
"The right to dry"
Californians everywhere will have a right to dry clothes on Jan. 1. A new law going into effect will prevent landlords, property managers or homeowners associations from banning clotheslines.
“It’s the simplest form of renewable energy available yet it has been banned in thousands and thousands of HOA’s and apartment associations, meaning that basically millions of Californians were prohibited from using clotheslines,” said Mindy Spatt with The Utility Reform Network, which sponsored the bill.
HOA’s and apartment associations restricted clotheslines because they were considered unsightly. The law does restrict clotheslines or drying racks to backyards. A tenant also must notify the landlord prior to hanging a clothesline.
Regulating flea market pet sales
California will soon begin regulating the sale of puppies, kittens and other animals at informal sales venues like flea markets and swap meets.
California requires pet stores to protect the health and safety of animals. “But these standards don’t apply to flea markets and to swap meets,” said Kate Dylewsky with Born Free USA, an animal welfare group based in Washington, DC.
The new law bans the sale of animals at swap meets and flea markets unless the local jurisdiction adopts minimum care standards.
