How long do I have to file a claim for unpaid overtime?
California has set time limits for filing wage and hour claims. In most cases, the statute of limitations for overtime claims is three years. The clock starts ticking from the date you receive your paycheck and discover it is missing the expected overtime pay, not the date you worked overtime.
Once you file an overtime claim, you may be able to recover back wages for any overtime worked up to three years before the filing date of the lawsuit. In some cases, it may be possible to extend the statute of limitations to four years under California’s unfair competition laws.
If you miss the deadline for filing an overtime claim, you may lose your right to recover back wages and other compensation. A knowledgeable Oakland employment lawyer can help you determine which laws and statutes of limitations apply to your case. Contact Erlich Law Firm to discuss your situation.
Other Unpaid Wage & Overtime FAQs:
- Am I entitled to rest breaks?
- Are employers required to pay mileage reimbursements?
- Are employers required to reimburse employees for work expenses?
- Can my employer fire me for complaining about unpaid wages?
- Does my employer have to give me meal breaks?
- How long do I have to file a claim for unpaid overtime?
- How long does a wage claim take in East Bay, California?
- How much do you get paid for overtime in California?
- Is wage theft a crime in California?
- My employer deducted tips from my paycheck. Is this legal?
- My employer is not paying me correctly; what can I do in California?
- Should I be paid for off-the-clock work?
- What should I do if my employer doesn’t pay me the overtime wages I am owed?
- What should I do if my employer is not paying me my wages on time?
- What types of damages can I recover in a claim for unpaid wages?
- When does my employer have to pay me my final wages upon termination or resignation?
- When must commissions be paid in California?
- Why do I need a lawyer for my unpaid wages claim?
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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.
- Jason Erlich
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When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.
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