Statute of Limitations for Unpaid Wage Claims in California
Missing the statute of limitations can substantially impact an employee’s ability to receive unpaid wages. Here’s everything you need to know about the statute of limitations for unpaid wage claims in California.
The type of employer violation determines the statute of limitations to file a claim for unpaid wages in California. The statute of limitations can be two, three, or four years depending on if the employer violated an oral contract, statutory right, or written contract.
What does a Statute of Limitations mean for Unpaid Wage Claims in California?
A statute of limitations is the maximum amount of time an individual has to initiate legal proceedings from when an event occurred. A court is unlikely to allow an individual to file a claim if the statute of limitations runs out. The defense may also ask the court to dismiss the case if the employee filed the lawsuit beyond the statute of limitations. An employee should always file an unpaid wage claim within the statute of limitations to ensure the employer properly reimburses the employee for all work.
Related: Community Property Laws in California
Statute of Limitations for Filing an Unpaid Wage Claim in California
The statute of limitations for filing an unpaid wage claim in California depends on the employer’s violation. California designates a separate statute of limitations based upon the different violation types:
- Statutory right violation,
- Oral promise violation, or
- Written contract violation.
An employee may find information and assistance for filing an unpaid wage claim with the California Labor Commissioner’s Office.
Unpaid Wage Claim Statute of Limitations for Different Employer Violations in California
The distinct characteristics of each violation type may present different challenges for employees attempting to file claims. For example, the evidence an employee may need to substantiate an oral promise violation can differ from a written contract violation. California recognizes the unique circumstances of the infractions and offers each a separate statute of limitations.
California Statute of Limitations for Violation of an Oral Contract
An employee is eligible for unpaid wages if an employer breached an oral promise to pay the employee more than minimum wage. California’s statute of limitations for an employee to file an unpaid wages claim regarding an oral contract violation is two years.
California Statute of Limitations for Violation of a Statutory Right
An employer has violated a California statutory right regarding wage and hour laws if the violation is related to the following:
- Minimum wage,
- Overtime pay,
- Rest and meal breaks,
- Sick leave,
- Illegal deductions from pay,
- Unpaid reimbursements,
- Misclassification of an employee as an exempt employee, or
- Misclassification of an employee as an independent contractor.
California’s statute of limitations for an employee to file an unpaid wage claim for violation of a statutory right is three years.
Related: Divorce Rate in California: 7 Interesting Facts
California Statute of Limitations for Violation of a Written Contract
An employee should file for unpaid wages if an employer infringed upon a documented agreement between the employer and employee. California’s statute of limitations for an employee to file an unpaid wages claim regarding a written contract violation is four years.
Employees Exempt from California Wage and Hour Laws
Certain workers may not be subject to California’s wage and hour laws. The types of employees exempt from California’s wage and hour laws may include:
- White-collar workers,
- Independent contractors, and
- Employees on commission.
Individuals who fall under one of the three employee types may not be able to enjoy the benefits and protections the law affords to other workers. A white-collar worker, for example, may not be eligible to receive overtime pay due to the nature of the employee’s job or contract.
FAQs About California Statute of Limitations for Unpaid Wage Claims
How can I file an unpaid wage claim in California?
An employee should complete and file the Initial Report or Claim form with the Labor Commissioner district office responsible for handling wage claims in the employee’s city of occupation. Any person can find the claim forms in multiple languages on the Labor Commissioner’s Office website.
Can my employer punish me for filing an unpaid wage claim in California?
California labor law prohibits employers from firing, demoting, or punishing employees for enforcing workplace rights. An employee can file a retaliation complaint with the Labor Commissioner’s Retaliation Complaint Unit if the employee believes the employer engaged in retaliatory action.
What is California’s statute of limitations to file an unpaid wage claim for bounced checks or violation of employee payroll records?
California’s statute of limitations for employer violations regarding bounced checks or failure to provide employee payroll records is one year.
Contact Us
If you or a loved one would like to learn more about California unpaid wage claims, get your free consultation with one of our most qualified attorneys today!