Statute Of Limitations For Wage And Hour Claims In California

Are you owed wages or overtime but unsure how long you have to take action? In California, strict deadlines govern wage and hour claims, and missing them could cost you the chance to recover what you’re owed. Here’s everything you need to know to protect your rights and ensure you act in time.

What Are Wage and Hour Claims?

Wage and hour claims arise when employers fail to comply with labor laws regarding compensation. This includes unpaid wages, overtime, meal and rest breaks, inaccurate wage statements, and final paycheck delays. Both state and federal laws protect employees, but each type of claim has a specific deadline, known as the statute of limitations, for filing.

Deadlines for Filing Claims

1. Unpaid Wages

Limit: 3 years from the date the wages were due.
Extension: Up to 4 years if filed under California’s Unfair Competition Law (UCL), which applies to business practices deemed unfair or unlawful.

2. Overtime Pay

Limit: 3 years from the date overtime was earned.
Extension: 4 years under the UCL.

3. Meal and Rest Break Violations

Limit: 3 years to claim penalties for missed breaks.
Extension: 4 years under the UCL.

4. Minimum Wage Violations

Limit: 3 years from the date of the violation.
Extension: 4 years under the UCL.

5. Wage Statement Violations

Limit: 1 year for penalties related to inaccurate or missing wage statements under California Labor Code § 226.

6. Waiting Time Penalties (Final Wages)

Limit: 3 years to claim penalties for delayed final paychecks under Labor Code § 203.

7. Fair Labor Standards Act (FLSA) Claims

Standard Limit: 2 years for most claims.
Willful Violations: Extended to 3 years if the employer knowingly violated the law.

Related article for you:
Washington State Wage and Hour Laws 2025, Your Rights Explained

Additional Considerations

Tolling and Delays: Certain circumstances, such as fraud or employer intimidation, may extend the filing deadline.
Retaliation Protections: It’s illegal for employers to retaliate against workers who file claims. This includes firing, demotion, or harassment.

How to File a Wage and Hour Claim

California Division of Labor Standards Enforcement (DLSE): State claims are typically filed here, where investigators can assess and resolve violations.
Court Filing: Employees can file lawsuits in state or federal court, particularly for claims involving larger damages.
FLSA Claims: Federal claims can be filed with the U.S. Department of Labor (DOL) or in federal court.

Why Acting Quickly Matters

Failing to file within the statute of limitations means losing your right to recover unpaid wages, penalties, or damages. Acting promptly also ensures evidence and records remain intact, strengthening your case.

Key Takeaways

Know your rights: Understand the types of wage and hour claims you can file.
Watch the clock: Adhere to strict filing deadlines to preserve your claims.
Seek help: Consult a labor law attorney or contact the DLSE for guidance.

California’s labor laws are among the most protective in the nation, but they rely on workers taking timely action. If you believe your employer has violated your rights, don’t wait. Take the first step to secure the wages you’ve earned.

FAQs

What happens if I miss the statute of limitations for my claim?

If you miss the deadline, you typically lose the right to recover unpaid wages, overtime, or penalties. It’s crucial to act promptly and consult with a labor attorney if you’re unsure about the timeline.

Can I file multiple claims if my employer violated several wage and hour laws?

Yes, you can file multiple claims for unpaid wages, overtime, missed breaks, and more, as long as each claim falls within its respective statute of limitations.

How do I prove my employer violated wage and hour laws?

Keep detailed records of your hours worked, pay stubs, and any communications with your employer. These documents can serve as crucial evidence in your claim.

Are independent contractors covered under wage and hour laws?

Independent contractors are generally not covered by wage and hour laws. However, if you believe you’ve been misclassified, you may be eligible for protections under California labor laws.

Can I recover attorney’s fees if I win my wage and hour claim?

Yes, in many cases, California labor laws allow employees to recover attorney’s fees and court costs if their claim is successful.

What should I do if my employer retaliates against me for filing a claim?

Retaliation is illegal. Report the retaliation to the DLSE or consult a labor attorney immediately to protect your rights.

Is there a time limit for filing claims with the DLSE versus filing a lawsuit?

The statute of limitations is the same for both, but filing sooner rather than later can help preserve evidence and expedite the resolution process.

Can I file a claim if I signed an arbitration agreement with my employer?

Arbitration agreements may limit your ability to file a lawsuit in court, but you can still pursue your claims through arbitration. Consult an attorney to understand your options.

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