Legal Question in Employment Law in California

staute of limitations of back wages

In the state of California is there a statute of limitations on back wages from employment? If so what is the maximum time? What about vacation, holiday and sick pay? Are there any acceptions to the rule? Is there a code on this that I can refer to if needed in court?


Asked on 8/11/04, 12:58 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: staute of limitations of back wages

If you have wage issues you should file complaint with labor board. They will assist and in fact, if problems, access penalties and interest on your behalf. I believe they will allow you to recoup up to three years unpaid wages, overtime, etc.

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Answered on 8/18/04, 11:19 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: staute of limitations of back wages

If the failure to pay wages was intentional, you can go back 3 years from the date you file a claim in court or with the California Labor Commissioner. If filed in court, there is an unfair business practice law that allows you to ask for 4 years of wages due.

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Answered on 8/17/04, 7:18 pm


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