Currently, any person who has a claim against an employer under the Labor Code that is under the jurisdiction of the Division of Labor Standards Enforcement (DLSE or Labor Commissioner) has six months from the occurrence of the violation to file the claim. AB 1947 now extends the deadline for filing a complaint from six months to one year from the occurrence of the violation. This change expands the timeframe in which current and former employees will now have more time to file any such applicable claims. AB 1947 also adds a provision to Labor Code section 1102.5 that authorizes courts to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of that law’s “whistleblower” protections that prohibit an employer from retaliating against an employee who discloses suspected violations of law to a government or law enforcement agency.
(AB 1947 amends Sections 98.7 and 1102.5 of the Labor Code.)