AB 1947 – Extends Deadline On Claims Before The Labor Commissioner To One Year, And Provides Attorneys’ Fees In Successful Labor Code Section 1102.5 Whistleblower Retaliation Proceedings for Public Employers

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room, Public Education Matters
CLIENT TYPE: Public Education, Public Employers, Public Safety
DATE: Oct 26, 2020

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 may have minimal impact on public employers because many provisions of the Labor Code do not apply to them.  Nonetheless, for those more limited claims under the Labor Code that the Labor Commissioner does have jurisdiction over public employers, the impact of this change is that 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.)