As a Golden State employee, you may have wondered about the California statute of limitations on wage and hour claims. Basically, the statute of limitations on wage and hour claims in California is a legal deadline that establishes the period in which wronged employees must file a lawsuit against employers who allegedly violated their wage and hours rights. On average, the timeline for most labor code violations is three years. However, the period varies depending on the specific breach. Because these timetables differ, familiarizing yourself with the statute of limitations for California wage and hour claims will help protect against employer misconduct and guide you in taking appropriate legal action if necessary. Contact us today to speak with an experienced Los Angeles unpaid wages lawyer!
What Are the Different Timelines Imposed by the Statute of Limitations on Wage and Hour Claims in California?
When employers ignore California’s Labor Code and Wage Orders and violate an employee’s rights, aggrieved employees may file a complaint with the California Labor Commission or the U.S. Department of Labor. But there’s a catch. To bring a viable claim against an employer, employees must file their claim within California’s statute of limitations for wage and hour claims, which vary based on the following violations:
- The statute of limitations for penalties regarding a bounced check or failing to provide access to, or a copy of, payroll or personnel records is one year.
- The statute of limitations for an oral promise to pay more than minimum wage is two years.
- The statute of limitations for claims related to unpaid wages, including minimum wages, overtime pay, unpaid vacation time, sick leave, Illegal deductions from paychecks, meal and rest break violations, unused leave time, and unreimbursed business expenses, is three years.
- The statute of limitations for violations of written contracts is four years.
It’s important to note that there are exceptions to these rules. For example, if an employee asserts that the employer engaged in unfair business practices under California’s Unfair Competition Law, the three-year limitation for unpaid wage claims may be extended to four. Similarly, the statute of limitations may be extended if an employer intentionally withholds wages or engages in fraudulent conduct.
What Is the Continuing Violation Doctrine?
Some employers continuously violate wage and hour regulations. The “continuing violation doctrine” recognizes that this can make it hard for employees to discover violations within statutory timelines. It allows employees to seek compensation for wage and hour violations outside statutory periods if violations were part of an ongoing pattern. However, the doctrine’s application and limitations vary depending on the circumstances and the wage and hour violation involved.
Because limitations on wage and hour claims in California vary and can be confusing, consulting with an experienced Los Angles employment attorneys is the best way to ensure you file by the correct deadline.
Bibiyan Law Group Can Help with Your Wage and Hour Claim
If you believe you have a wage and hour claim, Bibiyan Law Group can help you hold your employer accountable. Our experienced employment attorneys can explain your options, help determine the correct time limit for your claim, and ensure you meet all relevant deadlines. We can also assist in gathering evidence, filing the claim, and representing your interests throughout the legal process. As employment law advocates, we’ve won millions of dollars for clients fighting unlawful employment practices, garnering a perfect Avvo rating and a lauded place in the Multi-Million Dollar Advocates Forum. Beyond that, you can expect open communication and compassionate guidance as we work tirelessly to assure you the best possible resolution. Contact us at 310-438-5555 to book a free phone consultation. Whatever your employment concerns, Bibiyan Law Group can be your advocate every step of the way.
David Bibiyan, a top attorney at Tomorrow Law™, specializes in employment law, fiercely defending employees in cases of discrimination, harassment, wrongful termination, and wage issues. Known for his deep legal knowledge and dedication, he consistently secures favorable outcomes through skillful negotiation and litigation. His passion for justice drives his commitment to workers’ rights and fair employment practices.
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