Section 98.7 - Time limitations for complaints
6 Analyses of this statute by attorneys
New California Law Raises the Stakes in Labor Commissioner Investigations and Whistleblower Suits
Davis Wright Tremaine LLPTracy ThompsonOctober 18, 2017
Prior version of Section 98.7: SB 306 primarily amends California Labor Code section 98.7 et seq. Section 98.7 authorizes the Labor Commissioner to investigate complaints of “any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner.”
California Assembly Bill Would Give Employees More Time to File DLSE Complaints; Could Incentivize More Civil Litigation
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Michael NaderMay 21, 2020
Current California Labor Code Section 98.7 provides that any person who believes that he or she has been discharged from employment or otherwise discriminated against in violation of any law under the jurisdiction of the California Division of Labor Standards Enforcement (DLSE) may file a complaint with the DLSE within six months after the occurrence of the alleged violation. Through this Labor Code section, the DLSE has jurisdiction to resolve disputes arising from 48 statutes and regulations.
“Desperate Housewives” Star’s Whistleblower Case Revived by Court of Appeal
Jackson Lewis P.C.Cary G. PalmerOctober 23, 2015
In a unanimous decision, a California Court of Appeal held that an employee is not required to exhaust his or her administrative remedies by filing a complaint with the Labor Commissioner before commencing a civil action under California Labor Code sections 98.7 and 6312. Sheridan v. Touchstone Television Productions, LLC, No. B254489 (Cal. Ct. App. Oct. 20, 2015).
California’s Sweeping Expansion of Employment Laws
Akerman LLP - HR DefenseAshley BoboNovember 2, 2020
ments and ensure employees are trained to properly track when FMLA and CFRA leaves may or may not run concurrently and diligently notify employees of the same to ensure proper notice.D. AB 2017: Sick Leave –Kin CareUnder Labor Code section 233, employers were already required to permit an employee to use accrued and available sick leave entitlement to attend to the illness of a family member. While the existing law did not outline whether the employer or the employee had the right to designate the leave as kin care leave, AB 2017 now provides that the choice to do so is made at the sole discretion of the employee.E. AB 1947: Gives Employees More Time to File Complaints with the DLSE and Makes Attorneys’ Fees Available for Employees with Whistleblower ComplaintsAB 1947 makes two key changes to the Labor Code that are likely to further incentivize civil litigation of employment disputes in the courts, in the place of the processes provided by federal and state enforcement agencies.Under California Labor Code Section 98.7, employees who believe they may have been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the California Division of Labor Standards Enforcement (DLSE) are currently able to file a complaint with the DLSE within six months after the occurrence of the alleged violation. AB 1947 increases the employee’s timeline to file and gives them a full year to file a complaint with the DLSE.
Employers’ Litigation Strategies Must Evolve In The New Year As California Laws Change
Fox Rothschild LLPJeffrey Horton ThomasOctober 29, 2020
As a consequence, in some number of cases, employers will not receive notice of such claims and their need to garner evidence for a longer period after the firing or other adverse action.The extension of time is an amendment to California Labor Code section 98.7 that authorizes, in brief, the Commissioner to investigate such claims and file suit against the employer for relief including reinstatement. The amendment is made by California Assembly Bill 1947 found here.
California Senate Bill 142 Aims to Expand Lactation Accommodation Requirements
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.March 6, 2019
Employers that violate these provisions are subject to a civil penalty of $100 per violation. In addition, an employee who is a victim of retaliation for asserting a right to a lactation accommodation can file a retaliation claim with the labor commissioner under California Labor Code Section 98.7. California’s Fair Employment and Housing Act further prohibits harassment and discrimination based on pregnancy, childbirth, and breastfeeding, plus any medically related conditions. Plaintiffs’ lawyers have brought such claims based on a company’s alleged failure to provide lactation accommodations.
