Statutes of Limitations

Statutes of Limitations

The term “Statute of Limitations” refers to the length of time you must bring a lawsuit or otherwise file a claim for the wrongful act.

One-Year Limit:

  • Paystub Violations

Two-Year Limit:

  • Oral Contracts
  • FLSA Claims (however, this time limit may be extended to three years for willful violations.)

Three-Year Limit:

Most common labor code violations fall under a three-year statute of limitations including:

  • Minimum wage or overtime violations
  • Illegal deductions from pay
  • Unreimbursed business-expenses
  • Meal and rest break violations
  • Unused leave/vacation time
  • Penalties for unpaid wages at termination

Four-Year Limit:

  • Written Contracts
  • This three-year limitations period for unpaid wage claims also is sometimes extended to four years if the employee claims that the employer engaged in unfair business practices under California’s Unfair Competition Law.