Legal Question in Employment Law in California

Wage Claim & Statutes of Limitations

I filed a Wage Claim - with mixed results, so I have to decide if I�ll Appeal. (Approx $30,000.)

The Labor Commiss. found I was an Employee (slam dunk), but wrote: �The statute of limitations on a claim for wages based on an oral contract is two years.� Therefore, about 80% of my claim was waived.

1) Don't Cal Code Civil Proc Sec. 338 (3 year statute), and Business & Professions Code 17200 (a 4 year statute), provide good - or excellent grounds � on which to Appeal? I thought this was a ''statutory'' matter? (Ergo 3 yrs.)

Most of the references I see to Wage Claims refer to a three-year statute; but then I see links that say a ''Wage Claims based on a breach of contract'' is 2 or 4 years - that would mean I'm hosed.

2) How is a wage liability created by a statute?

I also understand that there are Federal and State statutes, and thought that the courts used the ones most favorable to the Employee.

Any help is appreciated. Thanks!


Asked on 2/06/09, 12:58 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Wage Claim & Statutes of Limitations

Great question.

If your wage claim fits one of the labor code sections violations (overtime, meals and breaks time, etc...) then then statute of limitations is three years (as with any other labor code section violations).

Overtime compensation can be included in a complaint as a claim for unfair business practices under Bus & Prof Code 17200 et seq.

A contract based wage claim is only "contract based" if the violation arises out of the breach of contract between you and the employer. If that's the case, then yes - 2 years for oral and 4 years for written is the statute of limitations.

So, the bottom line is this: the satute of limitation depends on what has been violated:

labor code: 3 years

17200: 4 years

Written Contract: 4 years

Oral Contract: 2 years

Thanks, and feel free to follow up.

Arkady Itkin

SF & Sacramento Employment Attorney

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 2/06/09, 8:35 pm


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