October 27, 2020

Volume X, Number 301

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October 27, 2020

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October 26, 2020

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Governor Signs Legislation Extending Period to File a Discrimination or Retaliation Complaint with California Division of Labor Standards Enforcement – Labor Commissioner

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 P.C. © 2020National Law Review, Volume X, Number 275
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About this Author

Jonathan A. Siegel, Labor, Employment Attorney, Jackson Lewis, Law Firm
Principal

Jonathan A. Siegel is one of the founding Principals of 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.

Mr. Siegel also provides advice and counsel regarding labor and employment law with respect to various issues ranging from wage and hour law, reduction in force, WARN Act, discipline, leave management and harassment and discrimination issues. Mr. Siegel defends employers regarding different varieties of wrongful...

949-885-1360
Kymiya St.Pierre, Jackson Lewis Law Firm, Labor and Employment Attorney
Associate

Kymiya St. Pierre is an Associate 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.

Prior to joining Jackson Lewis, Ms. St. Pierre represented employees and defended employers in employment litigation matters. Her experience representing employees has provided her with an effective skillset in anticipating strategies used by plaintiffs’ counsel. She has appeared in both State and Federal court.

949-885-1360
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