We at Hasbini Law Firm know how important it is for both employees and employers to know about California’s wage and hour laws. The statute of limitations, which says how long you have to file a claim, is an important part of these laws. As of 2024, this blog will give you a clear picture of how long you have to file different wage and hour claims in California.
How to Understand the Statute of Limitations
The statute of limitations tells you how long you have to file a legal claim. Most of the time, you lose the right to pursue a claim after this amount of time has passed. The amount of time you have to file a claim under wage and hour laws depends on the type of claim.
Wages that were not paid
Everyday Unpaid Wages
If an employee hasn’t been paid their regular wages, they can file a claim with the California Division of Labor Standards Enforcement (DLSE) or go to court. Most of the time, you have three years from the date the wages were due to file a claim for unpaid wages.
Pay for Extra Time
Claims for unpaid overtime wages must also be made within three years, just like claims for regular wages. This is for any overtime hours worked that were not paid for according to California’s overtime laws.
Violations of the minimum wage
You also have three years to file a claim for not paying the minimum wage. Employees who think they were not paid the minimum wage have until this date to file a claim and get their unpaid wages back.
Claims for Breaks for Meals and Rest
California law says that employers have to give their workers breaks to eat and rest. Employees can file a claim for compensation if their boss doesn’t give them these breaks. It’s possible to get in trouble for not taking a meal or rest break for three years.
There are penalties for paying wages late.
Under California law, workers can get fined if their boss doesn’t pay them on time. You only have one year to file a penalty for not paying your wages on time. They have to file a claim within a year of the date their wages were due but not paid on time.
Demands for Retaliation
People who are being punished for exercising their wage and hour rights can also file a claim. The statute of limitations for retaliation claims is generally one year from the date of the retaliatory action.
Employers are required to keep records.
Employers must keep accurate records of how many hours their workers put in and how much they were paid. For at least three years, these papers need to be kept. This helps make sure that there is enough proof to back up any wage and hour claims that come up before the deadline.
Helpful Hints for Workers
Keep Detailed Records
Employees should keep detailed records of their hours worked, wages received, and any instances where they believe their rights have been violated. This documentation can be crucial in supporting a claim.
Act Promptly
If you believe your wage and hour rights have been violated, it is important to act promptly. Filing a claim within the appropriate statute of limitations ensures that your rights are protected.
Seek Legal Advice
Navigating wage and hour laws can be complex. Seeking legal advice from experienced attorneys, like those at Hasbini Law Firm, can help you understand your rights and the best course of action.
Practical Tips for Employers
Ensure Compliance
Employers should ensure they are in full compliance with California’s wage and hour laws. This includes paying the correct wages, providing required breaks, and maintaining accurate records.
Provide Training
Regular training for management and HR personnel on wage and hour laws can help prevent violations and ensure compliance.
Consult Legal Experts
Regular consultations with legal experts can help employers stay updated on changes in the law and ensure ongoing compliance.
In conclusion
Understanding California’s statute of limitations for wage and hour claims is essential for both employees and employers. By knowing the time frames within which claims must be filed, parties can take appropriate actions to protect their rights. At Hasbini Law Firm, we are committed to providing clear and comprehensive legal guidance to help you navigate these complex issues. If you have any questions or need legal assistance, do not hesitate to contact us.