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06 Oct

October 2020: Legislation Extends Period to File a Discrimination or Retaliation Complaint

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What happened?
On September 30, 2020, AB 1947 was passed by Governor Newsom.

What are the details?
AB 1947 extends the period to file a discrimination or retaliation complaint to one year with the California Division of Labor Standards Enforcement (DLSE or the Labor Commissioner). Existing law generally authorizes people who believe that they have been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner to file a complaint with the DLSE within six months after the occurrence of the violation. Additionally, existing law generally requires the Labor Commissioner to commence actions to enforce labor standards within three years of their accrual, as specified. The bill extends the period of time from the six-month deadline to a one-year deadline.

The full text of AB 1947 can be found here.

An article summarizing the bill can be found here.

What do employers need to do?
Employers should keep in mind the extension for the window to file and should consult with their employment attorney if they have questions regarding possible claims.