Hinshaw's 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for Employers
In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 1947.
This bill was likely created and signed in part due to COVID-19, as it extends some deadlines. With all the craziness 2020 has brought—including work from home, court closures, court delays, and the like—it comes as no a surprise to see deadlines being extended, too.
Prior to AB 1947, Labor Code §98.7 allowed any person who believed he or she had been unlawfully discharged from employment or discriminated against under the California Division of Labor Standards Enforcement (DLSE) to file a complaint with the DLSE within six months after the occurrence of the alleged violation.
In addition, AB 1947 amended Labor Code §1102.5 to include a provision authorizing the court to award reasonable attorney fees to a plaintiff who brings a successful action for violation of these provisions.
Due to the increased statute of limitations period, employers should be aware that they are not only at risk for a longer period of time, but that wage and hour, or discharge or discrimination complaints may increase. The enactment of AB 1947 also gives employees more time to seek counsel, evaluate their rights, and investigate their potential claim. Plus, with the availability of the attorney fee provision, plaintiff's attorneys may start filing more of these actions because of the financial incentive. The attorney fee provision also will likely pose a hurdle for early settlement, as well as increase the cost of settlement.
Topics
Related Capabilities
Featured Insights

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks




