On September 30, 2020, Governor Newsom signed Assembly Bill 1947, which extends the period to file a discrimination or retaliation complaint to one year with the California Division of Labor Standards Enforcement (“DLSE”) or better known as the Labor Commissioner. Before the passage of this legislation, employees alleging they had been discharged or otherwise discriminated against in violation of any law enforced by the California Labor Commissioner were required to file a complaint with the Division of Labor Standards Enforcement within 6 months after the occurrence of the violation. The Labor Commissioner was required to commence an action to enforce labor standards within 3 years of their accrual.

The extension of the statute of limitations from 6 months to one year is applicable to claims for discrimination or retaliation against an employee regarding any law enforced by the DLSE. Employers should also be aware that there are different statute of limitations for employees to bring other types of claims at the DLSE. For example, an employee has three years to bring a claim for unpaid wages.

There may be an increase in employee claims for violations of Labor Code 1102.5. The statute also now authorizes reasonable attorney’s fees to a plaintiff who brings a successful action for violation of Labor Code 1102.5. Labor Code 1102.5 prohibits an employer from making or enforcing any rule, regulation, or policy that prevents employees from disclosing information that the employee reasonably believes is a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.

Jackson Lewis will continue tracking state legislation that is relevant to employers. If you have questions about the effects of this or other recent legislation contact a Jackson Lewis attorney to discuss.

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Photo of Jonathan A. Siegel Jonathan A. Siegel

Jonathan A. Siegel is a principal in the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Jonathan also provides advice and counsel regarding labor and…

Jonathan A. Siegel is a principal in the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Jonathan also provides advice and counsel regarding labor and employment law with respect to various issues including wage and hour law, reduction in force, WARN Act, corporate restructuring, layoffs, discipline, leave management, harassment and discrimination issues. Jonathan defends employers regarding different varieties of wrongful termination and discrimination claims.

Photo of Kymiya St. Pierre Kymiya St. Pierre

Kymiya St. Pierre is a principal in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counsel. She practices before the National Labor Relations Board, and state and federal…

Kymiya St. Pierre is a principal in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counsel. She practices before the National Labor Relations Board, and state and federal agencies and courts.

Kymiya has represented management in union organizing drives and elections. She has defended employers in unfair labor practice and compliance proceedings. Kymiya also provides advice and counsel regarding labor and employment law with respect to various issues, including providing workplace training and preventive advice and counsel. She has defended employers regarding different varieties of wrongful termination and discrimination claims.