California’s Statute of Limitations for Labor Law Violations

By Eugene Bruno on February 14, 2025

If you’ve discovered that your employer hasn’t paid you properly or violated California’s labor laws, you have the right to take legal action. However, it’s crucial to understand that these claims come with strict time limits, known as statutes of limitations. There’s certain information that every California worker needs to know about filing wage and hour claims.

Key Deadlines for Different Types of Claims

In California, employees have four different claims that can be made over a four-year period. Understanding these claims can help you take the necessary steps to protect your rights.

One-Year Claims: Paycheck Violations

California law requires employers to provide detailed, itemized wage statements with every paycheck. If your employer fails to provide these statements, you have one year from the violation to file a claim. These itemized statements are crucial for tracking your hours, wages, and deductions.

Two-Year Claims: Verbal Agreements

Did your employer make verbal promises about wages or promotions? You have two years to file a claim based on oral agreements. However, these cases often require additional evidence or witness testimony to support your claim.

Three-Year Claims: Most Common Wage Violations

Most wage and hour violations fall under a three-year statute of limitations. These include:

• Minimum wage violations, including failure to pay California’s current $16.50 per hour for all employers statewide. Some cities have higher rates. San Diego is one example, where the minimum wage is $17.25 per hour as of January 2025 (or higher local minimum wages)
• Denied meal and rest breaks, which must include a 30-minute meal break for every 5 hours worked and a 10-minute rest break for every 4 hours
• Unpaid overtime for work exceeding 8 hours per day or 40 hours per week
• Employee misclassification, such as wrongly categorizing workers as independent contractors
• Final paycheck violations, including failure to pay all wages due upon termination

Four-Year Claims: Written Contracts and Unfair Business Practices

If you have a written employment contract or can prove unfair business practices, you may have up to four years to file your claim. This extended deadline also applies to many wage violations when they’re part of unfair business practices.

Why Timing Matters: Don’t Wait to Take Action

While these deadlines might seem generous, waiting to file a claim can be risky for multiple reasons, such as:

• Evidence may become harder to gather over time
• Witnesses’ memories may fade
• Your potential recovery amount could be limited
• You might miss critical deadlines if you discover additional violations

The Importance of Legal Representation

Wage and hour claims can be complex, and employers often have qualified lawyers on their side to argue against these claims. Having an experienced employment law attorney advocating for you can:

• Ensure you meet all filing deadlines
• Identify all potential claims and violations
• Calculate the full amount of compensation you’re owed
• Navigate complex legal procedures
• Negotiate effectively with your employer
• Represent your interests in court if necessary

Take Action Today and Get the Legal Help You Need

If you suspect your employer has violated California wage and hour laws, don’t wait to seek legal help—speak with one of the skilled lawyers at our law firm today. Eugene Bruno & Associates is a San Diego law firm that specializes in helping employees understand and protect their rights under California employment law.

Call 1-888-BRUNO-88 (1-888-278-6688) and schedule a free consultation to discuss how our attorneys can assist you with your time off issues and any employment law concerns you may have.