What You Need to Know About California Wage Claim Statute of Limitations
If an employer improperly paid/did not pay you, you may reclaim your wages with a lawsuit. Here’s everything you need to know about the statute of limitations for wages in California.
How far back can you go to reclaim your wages? An employee may have up to four years to reclaim their wages, although sometimes it may be less.
Statute of Limitations for Wages
The following statute of limitations for California wages include:
- 1 year for bounced paychecks or failure to provide access to employee payroll records
- 2 years for a verbal promise to pay wages over the minimum wage
- 3 years for claims related to minimum wage, overtime pay, breaks, sickness, illegal deductions, or unpaid reimbursement
- 4 years for a written contract
If the employee is not within the statutes of limitations, they may lose the claim to reclaim their wages. Independent contractors are not eligible for the statute of limitation, as they are not employees and their wages do not follow the same guidelines.
Related: California Wage & Hour Laws
What can a California wage claim include?
- Hourly paid wages
- Unpaid bonuses
- Unpaid commissions
- Unpaid reimbursement for business expenses
- Unpaid vacation or time off
Proving an Unpaid Wage Claim
An attorney may use the following documents to help an unpaid wage claim:
- Timesheets, timecards, and other logs of an employee’s schedule
- Paychecks and pay stubs
- Bounced paychecks
- Notice of employment
- Collective bargaining agreement (CBA), if applicable
Related: California Final Paycheck Laws: Explained
Steps to Wage Claim in California
- Gather and submit all documentation to support the unpaid wages claim.
- The parties will convene for a settlement conference. In many situations, parties will resolve at this step.
- If the parties cannot agree, a California court may hold a wage claim hearing. The claimant must be present at this stage or the court will dismiss the case.
Contact Us
If you or a loved one would like to learn more about the California Wage Claim Statute of Limitations, get your free consultation with one of our Employment Attorneys in California today!