statute of limitations wage and hour california

When your employer does not pay you properly, you can file a wage and hour claim to get the money you earned and sometimes penalty payments as well.

But you have to make sure you file your administrative complaint or civil lawsuit on time. 

The wage and hour statute of limitations in California is between one and four years, depending on how your employer violated California’s wage payment laws.

To ensure that you file your claim timely and receive all the legal relief you deserve, you should speak to one of our experienced wage and hour lawyers as soon as possible whenever your pay isn’t right.

At Workplace Rights Law Group, our employment attorneys have more than 70 years of combined experience, and we know how to deliver your hard-earned wages to you when your employer doesn’t.

To get started, call 818-485-4587.

Has My Employer Broken a California Wage and Hour Law?

Businesses, organizations, and agencies infringe on their employees’ rights to appropriate pay and working conditions in many ways.

These violations include the following: 

  • Failing to submit payment on time or at all — California employees should receive the full payment they were promised at least twice a month; 
  • Failing to pay minimum wage — as of January 1, 2023, the minimum wage in California for non-exempt employees is $15.50 per hour;
  • Failing to pay overtime — California law requires employers to pay overtime (at a rate of 1.5 to 2 times the employee’s regular rate of pay) for any hours worked over 8 hours in a day, 40 hours in a workweek, or six consecutive days in a week;
  • Failing to provide meal or rest breaks — in general, you should receive a 30-minute meal break after five hours of work and a 10-minute rest period for every four hours you work; and 
  • Bouncing a paycheck. 

This is a handful of common wage and hour violations in California.

If you believe that your employer has violated California wage and hour laws, speak to one of our wage and hour lawyers about how to file a claim with the California Labor Commissioner’s Office to protect your rights.

Which Statute of Limitations Applies to My Case?

You have several rights under California law to recover damages and other remedies from an employer that does not fulfill its obligations to pay you or provide you with breaks.

But if you do not file your claim on time, you could be forever barred from receiving legal remedies. 

The following time limits apply to the following legal breaches by an employer: 

  • You have one year to file a claim against an employer that bounces a paycheck;
  • You have two years to file a complaint against an employer that fails to fulfill an oral promise to pay you more than minimum wage;
  • You have three years to file a complaint against an employer that fails to comply with minimum wage, overtime, break, sick leave, reimbursement, or deduction laws; and
  • You have four years to file a complaint against an employer that fails to fulfill promises it made to you in a written contract. 

We can help you determine which statute of limitations for wage and hour claims in California applies to you.

And while a year or more may sound like a lot of time, it can pass quickly. So you should seek legal advice right away to preserve all your rights. 

We Can Champion Your Rights

When you work for someone else, your pay should be timely and complete. And if it isn’t, you should call us.

At Workplace Rights Law Group, our wage and hour lawyers tailor our strategies to each mistreated employee who comes through our door to help make sure they get what they need.

We have won millions for employees in California. If you need help, please call us at 818-485-4587 or contact us online to schedule a consultation.


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