New Year, New Laws

By JENNIKA INGRAM | Reporter 

Change is afoot with several new California laws that went into effect January 1 and throughout the year that could bring some day-to-day changes for Palisadians.

Assembly Bill 5

One of the most significant changes will be Assembly Bill 5. The new law re-classifies many independent contractors to employees.

The law entitles employees who were formerly classified as independent contractors to more benefits and protections such as sick leave, paid family leave, minimum wage, unemployment insurance and more.

AB 5 states the “misclassification of workers as independent contractors has been a significant factor in the erosion of the middle class and the rise of income inequality.”

The law will impact home health aides, hotel and hospitality staff, delivery and ride-hail drivers, construction workers, and more.

There are many professions that are exempt, such as accountants, architects, cosmetologists, doctors, engineers, fishermen, lawyers, veterinarians, insurance brokers and real estate agents.

Freelance journalists who complete less than 35 assignments for a single publication in a year are considered exempt, and news organizations have a one-year reprieve from classifying their paper carriers as employees.

Assemblywoman Lorena Gonzalez, the author of the bill, said the classifications are based on how much workers are paid, whether they operate with autonomy and how much power they have to negotiate with their employees.

In opposition to the bill, the Southwest California Legislative council argued that independent contractors encouraged entrepreneurship and that it “ignited large portions of the California economy.”

Beach Smoking Ban

Will Rogers State Beach will be among many that will no longer allow smoking or vaping, now that it’s been banned from beaches and state parks.

Legislation SB-8 states that smoking or throwing away a used cigarette or cigar on a state beach or within a state park system will be an infraction punishable by a fine of up to $25.

The law is in recognition of the “importance of public health and environmental quality for the people of this state,” according to the bill.

Right to Privacy 

The California Consumer Privacy Act went into effect on January 1. The law, passed on June 28, 2018, provides consumers with “groundbreaking new rights related to the use of their personal information,” according to a press release.

The act gives Palisadians and Californians alike the right to know what personal information businesses are holding onto and the opportunity to have that information deleted.

“Our personal data powers today’s economy and the wealth it generates. It’s time we had control over how it’s being used. That includes the ability to keep it private,” California Attorney General Xavier Becerra shared in a statement.

The act applies to California businesses that generate a yearly gross revenue over $25 million that earns half of its income from selling personal information, and that buys or sells the personal information of 50,000-plus consumers, households or devices for commercial purposes, according to the CPPA fact sheet.

Minimum Wage

Minimum wages continue to rise incrementally: The $14.25 minimum wage established on July 1, 2019, for Los Angeles will go up to $15 an hour on July 1, 2020, for companies with 26 employees or more, and $14.25 for companies with fewer.

For the state of California, minimum wage is now $12 an hour for employers with 25 or fewer employees and $13 an hour for employers with 26 or more employees.

The $1 an hour increase will continue until 2023, when all employers will be required to pay employees at minimum of $15 an hour.

According to the UC Berkeley Law Center, before 2012, “only five localities had minimum wage laws: currently, 51 counties and cities.”

Circus Cruelty Prevention Act

Lions, tigers, elephants and monkeys are some of the exotic animals that will no longer be part of the circus in the state of California.

The Circus Cruelty Prevention Act (SB-313) bans exotic animals at the circus, leaving only domestic animals—dogs, cats and horses—allowed.

The bill was cosponsored by PETA.