You might have important questions about the California wage and hour statute of limitations. In California, the deadline to file a claim typically depends on the type of claim you file. Most wage and hour violations have a three-year statute of limitations for filing claims such as unpaid overtime, wage issues, violations of minimum wage, or meal and rest break issues.
When Should I File a Claim for a Wage and Hour Violation?
In California, the deadline to file a claim depends on the specific type of claim and the employment contract involved in the violation. For most violations of an employee’s wage and hour rights, the statute of limitations to bring a claim is three years from the date of the employment violation.
However, if your employment violation claim is based on an oral job contract, the deadline to bring your claim is only two years. If your claim is based upon a written employment contract, the deadline is four years to bring a case.
Additionally, employees have only three years to bring a claim for unpaid wages. For final wages – those wages you’d expect to receive as a final paycheck after termination or after leaving employment – the deadline to file a claim can vary, but it’s important to address this issue promptly to make sure you’ve protected your employee rights.
Understandably, it can be challenging to keep up with these legal deadlines. An experienced California attorney can provide legal advice and make sure you meet all applicable claim deadlines.
What Is a Wage and Hour Violation?
Cases that typically need to be filed within three years from the date of the alleged violation include:
- Being misclassified as an independent contractor or intern. Misclassifying employees sometimes occurs when employers attempt to avoid ensuring their workers’ basic protections such as paid sick days and paying minimum wage.
- Requiring “off the clock” work. It’s unlawful not to pay California employees for all the hours they have worked, such as not paying extra when asking an employee to get to work early for inventory or stay late for cleaning.
- Failing to pay minimum pay. In California, beginning January 1, 2025, an employer must at least pay employees the $16.50 minimum per hour.
- Failing to properly pay overtime wages. Employees are entitled to time-and-a-half pay for working more than eight hours each day or over forty hours in a given week. They also have a right to double their regular rate of pay for work required over twelve hours in a day, but there are a few exceptions for positions like administrators or managers.
- Mislabeling an employee as a manager. Sometimes employers, in an attempt to avoid paying overtime, give an employee the title of “manager” when they essentially do the same work as other non-manager employees.
- Violations of rest and meal breaks. It’s illegal not to give California employees an unpaid, thirty-minute break to eat after they have worked for five hours. It’s also unlawful not to give employees a paid rest break for ten minutes after every four hours of work.
- Retaliating against an employee. It’s unlawful to retaliate against an employee for reporting unfair work treatment when their California employer may have violated wage and hour laws. If you believe your employer is retaliating against you, it’s important to speak to an attorney about the California Whistleblower Protection Act.
Generally, it’s important to discuss any potential wage and hour violations with a Moreno Valley attorney who has experience successfully resolving these types of claims.
FAQs
Q: What’s the Specific Regulation for California Wage and Hour Statute of Limitations?
A: In California, the wage and hour laws are regulated by the California Labor Code. Accordingly, additional information about the wage and hour statute of limitations can be found specified within the California Labor Code.
As detailed above, the statute of limitations for wage and hour claims typically depends on the claim type and the type of employment contract involved. For most wage and hour violations, the claim deadline is three years from the date of the alleged violation.
Q: What’s the Statute of Limitations to File a Claim for an Inaccurate Wage Statement in California?
A: In California, the deadline, or statute of limitations, to file a claim for an inaccurate wage statement is three years from the date of the inaccuracy. Employers are required to keep copies of their employee wage statements for at least three years, and you have a right to examine and copy your wage statements. Your employer must respond to requests within twenty-one days. If you have questions, a wage and hour attorney can discuss wage statements further.
Q: How Long Does My Employer Have to Correct a Paycheck Error in California?
A: In the State of California, your employer has up to thirty calendar days, including weekends and holidays, to correct your alleged paycheck error. Thereafter, if they fail to remedy the incorrect paycheck, you’re entitled to a full day of pay at your regular pay rate for each day the mistake continues. Of note, if an employer intentionally neglects to pay accurate wages, they could face a penalty for waiting. Thus, it’s important to report any payroll errors right away.
Q: What Is the California Wage Statement Compliance?
A: The term “California Wage Statement Compliance” means the requirements of Labor Code Section 226. Under this Section, employers are required to give employees an itemized wage statement or pay stub for their payday that specifies hours worked, gross wages, net pay, and other important information. Section 226 provides transparency in employee payment calculations. An employer’s failure to comply with the Labor Code can result in legal consequences.
Contact our Experienced Moreno Valley, California Attorneys to Resolve Your Wage and Hour Claims
If you are concerned about your rights as an employee and a potential rights violation, contact English Lloyd & Armenta for legal assistance. With our knowledgeable wage and hours attorneys working for you, you can fight for the complete compensation you are due.
We are here to answer any questions and explore all available legal options for your claim. Contact our office right away to schedule a free and confidential consultation with our employment law team.