Legal Question in Employment Law in California

Statute of Limitations - Nonpayment of Wages?

What is the Statute of Limitations on a nonpayment of wages (wage claim)? (And it appears Willful! Calls & emails not returned. No reasonable dispute exists.)

DLSE 1st said ''3 years for willful nonpayment''. They told me this 2 times. Then, when I turned in my Wage Claim, she said, ''2 yrs straight time; 3 yrs overtime.''

I'm owed about $30,000, plus the Waiting Time Penalty ($6,000). Half falls within 2 yrs; 1/2 within 3 yrs.

(I have thorough documentation of hours worked, emails, pictures of work (it was construction), etc. The GC figured I would roll over. They also don't have Worker's Comp.)

Please help. Thanks!!


Asked on 7/05/07, 6:09 pm

3 Answers from Attorneys

Frank Clowney III Law Office of Frank S. Clowney III

Re: Statute of Limitations - Nonpayment of Wages?

The statute of limitations can be longer if you file suit in court, with up to four years available using a theory under the Unfair Competition Law.

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Answered on 7/05/07, 7:43 pm
Thomas Pavone Pavone & Cohen

Re: Statute of Limitations - Nonpayment of Wages?

The U.S.Dept of Labor can assert jurisdiction for a 3 year period if the employer's failure to pay is "willful" Tough to get on a first violation.

On a State law level, the you might have a minimum wages violation which as a statutory violation would have a 3 year statute of limitation. willful violations may bring double damages.

The only other hope would be reliance on a written agreement which would carry a 4 year limitations period.

The Labor Code has other penalties that may enhance your claim - you would be best served by talking to an experienced employment lawyer - trying to handle it your self has possibly cost you a significant portion of your claim as well as more difficulty handling an old claim.

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Answered on 7/05/07, 7:48 pm
Terry A. Nelson Nelson & Lawless

Re: Statute of Limitations - Nonpayment of Wages?

Regardless of what the statute is, it will determine the outcome and decision of the court. File your action in court immediately to avoid losing some of what is due you. Feel free to contact me if interested in legal help getting full recovery of the compensation, interest and penalties. If you win at court, you also are entitled to get your attorney fees paid.

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Answered on 7/05/07, 8:17 pm


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