Division of Labor Standards Enforcement

Amid a bevy of legislation crossing the Governor’s desk directly relating to the ongoing public health crisis, Governor Newsom approved AB 1947 with little public fanfare, but significant implications for employers.  The new legislation amends the Labor Code in two substantive ways:  (1) it lengthens the period of time in which employees can file complaints with the Division of Labor Standards Enforcement (“DLSE”); and (2) authorizes a court to award reasonable attorney’s fees to a plaintiff who prevails in a “whistleblower” action under Labor Code § 1102.5.  While not expressly considered “coronavirus” legislation, it is clear the coronavirus pandemic influenced the Legislature’s decision to further expand certain rights under California’s workplace antiretaliation laws.
Continue Reading AB 1947’S New Filing Period for DLSE Claims and Attorney’s Fees Provisions: Coronavirus Legislation in Sheep’s Clothing?