Unpaid Wage California Statute of Limitations

If you wonder what defines the statute of limitations for unpaid wages in California, we have all of the information you need. Understanding this concept is essential for both employers and employees. If an individual has not yet received their unpaid earnings, it may be a little while before they notice that they are missing. For example, if an employee works varying hours for different rates and therefore receives different paychecks. However, at some point, all workers will discover that there is an important discrepancy in their pay, and they will want to address this issue. At that point, it is essential for the employee to contact a lawyer. A skilled attorney will be able to come up with an effective strategy to build your case and get your unpaid wages back.

Unfortunately, many California employers are aware of the statute of limitations. They know that if they drag their feet and slow down the legal negotiations long enough, time may expire for employees that are rightfully owed earnings. It is also true that the statute of limitations in California changes based on a varied set of circumstances, so, therefore, the time limit can flex from 1 to 4 years.

Unpaid Wage Statutes of Limitations in California

The Department of Industrial Relations recommends that employees file their wage claims as soon as possible and always in a timely manner. That is because there are time-based restrictions placed on these claims by the department. These restrictions stipulate that claims must be filed:

Within one year, if the employee did not receive access to their payroll records or were penalized for a bounced check
Within three years for violations including illegal deductions, unpaid rest, unpaid reimbursements, overtime, and minimum wage
Within four years, if the employee has/had a written contract
Within two years, if the individual received a verbal promise regarding being paid over the minimum wage in California

These are important restrictions to note, and they are strictly upheld in California, so figure out what category your wage claim fits into, and do not overlook the importance of the statute of limitations in the state.

Gather Your Paychecks

These days, most workplaces and offices provide employees with access to their pay stubs via the internet. There is the possibility that an employee works for a small business and only is able to procure physical paychecks. In any case, make sure you have copies of all of these pay records. Save the physical copies, and even print out the web copies and put them aside. This will provide a physical record of the earnings you were paid so far, and your attorney will need access to this information. Since you are looking for the difference between the money you were paid versus what you are owed, your paychecks may be the most valuable piece of evidence around. If an individual does not have access to their paystubs online and cannot find the physical copies, they can also check their bank accounts for direct deposit payments and other records.

Do The Math: Add Up Hours Already Worked

If an employee is or was salaried, this step may be different. But if they are paid hourly, then the number of hours they have spent working will be crucial to their claim. This figure must be accessible and able to be shown to their attorneys and ultimately to the employer then the wage claim is made.

An individual’s claim depends on the hours you have spent working. It is important to note that work hours can help to show if they are qualified as a full-time employee or not, as well as determine if they received the correct total wages for each hour worked. An employee’s eligibility for special benefits and bonuses can also be gleaned from the total of hours, which is another aspect that attorneys will take into account.

Find Employer Information

In order to not only present the details of your case to an attorney but also file your claim with the Labor Commissioner’s Office of California, you will need some detailed information regarding your employer. The employer’s address and the name of the company or individual you work for or worked for in the past must be documented. It should be fairly easy to identify this information on a mailing label, product label, or paystub. If you are confused by names that do not match or unable to find this much-needed information, then you can even take down your employer’s license plate number. Your lawyer may be able to dig up the information that way. As you can see, gathering all of this relevant information is an essential step of the process.

How Can Employees Find the Correct Law Office for Unpaid Wage Claims?

Finding a legal team that will aggressively go after your unpaid wages can be a challenge. Ideally, you want an attorney who is willing to challenge any corporation or company, big or small. You also want to find a legal team that has experience dealing with employment law in California and has helped many workers track down their unpaid wages before the statute of limitations runs out. Skilled business lawyers know that many companies use the statute of limitations to avoid paying workers the wages they are rightfully owed. At Nakase Wade, our licensed, skilled employment lawyers have experience cooperating with government agencies, which is often needed to succeed in cases like this.