What is the statute of limitations to file a wage and hour claim in California?

What Is The Statute Of Limitations To File A Wage And Hour Claim In California?

Knowing the statute of limitations for filing a wage and hour claim against your employer is critical in order not to lose out on the wages and other benefits of your job that you deserve. If you fail to file your claim within this deadline, you waive your right to do so. Unfortunately, the answer to what is this time period to file your claim is more complicated than you might think. That is because you have more than one option for pursing your wage and hour claim in California.

Important Time Limits You Need to Know About in Filing a Wage and Hour Claim

You have three different options for filing your wage claim in California. You can file a claim with the California Department of Industrial Relations—sometimes called the Labor Commissioner’s Office—file a civil lawsuit in state court, or file a lawsuit in federal court. Your time period for pursuing your claim will depend on which option you choose. The following rules apply:

• You must file your claim with the Department of Industrial Relations within three years of the date your claim arose. However, your right to some penalties could expire after one year.
• The time period to file a civil lawsuit in state or federal court for violation of a statutory right—such as minimum wage, breaks, or overtime—is three years from the date your claim arose. If your claim is for breach of contract and you have a written contract, the statute of limitations is four years. If the contract was oral, your time period is reduced to two years.

The Bottom Line on Not Waiting Too Long to Pursue Your Claim

Your best option is to contact an experienced employment law attorney as soon as possible so you don’t miss the deadline to file your wage and hour claim. He can also advise you on the best option: filing an administrative complaint or a lawsuit. In addition, even though you have years to file your claim, you want to pursue it as soon as possible to preserve evidence and strengthen your right to compensation.

Call the Law Offices of Corbin H. Williams today at 949-401-7547 to schedule a free, no-obligation consultation to discuss your situation and your legal options.

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