Happy 2017, CDA Members! As the New Year arrives, so do some new laws and new (and not-so-new) ideas for state policy that will affect our industry. Both newly-elected and re-elected legislators journey to Sacramento this week to start the 2017-18 Legislative Session. Democrats now hold a “supermajority,” meaning they essentially control both the Senate and Assembly and are more capable of raising taxes requiring a two-thirds vote.
Here’s a quick snapshot of what you need to know as same-day courier, messenger, delivery operators in California:
New Laws for 2017
In mid-December, CDA hosted a webinar with our longtime labor and employment attorney partner, Beth Schroeder with the Lathrop & Gage law firm. She gave a rundown of important industry issues, which you may access in the member only section of this website. Here’s a brief overview of some key new laws for 2017 (of the nearly 900 passed last year) that you should be aware of:
• Motorist Laws
o Hands-Free Electronic Devices in Vehicles – motorists can no longer hold a wireless telephone or electronic wireless communications device while driving a motor vehicle. It must be mounted in the 7-inch square in the lower corner of the windshield farthest removed from the driver, in a 5-inch square in the lower corner of the windshield nearest to the driver, or affixed to the dashboard in a place that doesn’t obstruct driver view of road or interfere with deployment of airbag.
o Required Background Checks for TNC Drivers – Uber, Lyft and all Transportation Network Companies operating in California will be required to conduct background checks on all drivers and lay off certain criminals starting this year. CDA strongly supported this legislation.
o Motorcycle Lane-Splitting – instructs CHP to create more specific definitions and educational and safety guidelines.
• Employer-Employee Laws
o Minimum Wage Increase – on January 1, 2017, the statewide minimum wage went up from $10/hour to $10.50 an hour for businesses with 26 or more employees; on January 1, 2018, it will go up to $10.50 an hour for businesses with fewer than 26 employees, with successive annual increases until the wage caps at $15 an hour.
o Equal Pay – one new law bars employers from paying a woman less than her male colleagues because of her prior salary. Another new law expands the 2015 Fair Pay Act to bar employers from paying workers doing “substantially similar” jobs different wages based on their race or ethnicity.
o Ex-offenders – forbids employers to ask job applicants about criminal arrests or convictions under the jurisdiction of a juvenile court.
o Workers’ Comp – will expedite care for injured workers during the 30 days following a workers’ comp claim; workers can no longer be denied doctor-approved medical care in the immediate aftermath of an injury.
• Workplace Laws
o Gender-neutral bathrooms – requires all single-toilet bathrooms in businesses and public agencies to be gender neutral.
For a more comprehensive list of labor, employment and business laws that might affect your business, check out the CA Chamber of Commerce link at: http://hrwatchdog.calchamber.com/2016/12/new-year-new-laws/
Hot Issues Looming “Under the Capitol Dome” in 2017
• The “Uber” Issue – CDA leaders recently met with senior officials at the California Transportation Agency, which was authorized last year to assume all authority over TNCs (previously had been under the Public Utilities Commission). Even the Governor’s Administration admits there are far too many unknowns with TNCs – regulations, insurance requirements, safety issues – and CDA has made it clear there is still a very uneven playing field in which our industry must abide by the rules while TNCs get a pass. The Administration and Legislature will clearly continue to examine this issue, and CDA will remain front-and-center to be sure we’re getting a fair shake.
• Fixing Our Broken Roads and Highways – Governor Brown called a Special Session on Transportation last year to address our crumbling roadways resulting from heavy use and maintenance neglect, but it went nowhere. Expect this to be a big discussion. There’s no shortage of maintenance proposals, but all involve tax increases or new fees.
• Climate Change – this will continue to be a major priority for the Governor and many in the Legislature. California already has the most sweeping regulations and laws to reduce greenhouse gas emissions and impose significant mandates on employers. The big question this year will be, “What more will our leaders want to achieve – and at what cost?” Will this result in higher fuel costs, business taxes, or more regulations? Only time will tell, but CDA will be watching and making your voice heard.
Lots of laws, issues and challenges (and legislators have only just begun introducing new bills, which we’ll be monitoring), but also lots of opportunity for CDA in the New Year. The most important thing you can do is get heard, get involved, and get others to join CDA and make our voice larger and louder. Thanks for everything you do to help CDA and our industry – cheers!
