How Long Do You Have to Claim Unpaid Wages in California?

Former employees have the full right to file unpaid wage claims and recover back pay in California. The three-year deadline runs from the date of each violation, not from your last day of work. Leaving your job does not reset the clock or erase your remaining window. California law makes no distinction between current and former employees on wage recovery rights. If you were shorted during your employment, that right to recover does not disappear at separation. Many employees mistakenly wait until after they leave to look into their options, and the deadline is usually still intact.

Generally yes, though the exact deadline depends on whether a written agreement covered your commissions or bonuses. A written commission agreement triggers the four-year deadline under Code of Civil Procedure Section 337. That gives you one additional year compared to the standard three-year window. Earned commissions and bonuses qualify as wages under California law and carry the same recovery protections as regular pay. If your commission arrangement was verbal rather than written, the standard three-year window applies.

Missing the applicable statute of limitations for unpaid wages generally bars recovery of wages outside the window. Tolling doctrines may still apply, meaning the clock may not have started when you assume it did. Wages outside the three-year window may also be partially recoverable under the four-year Unfair Competition Law. Many employees assume their entire claim is gone when in fact only part of it is affected. A definitive answer on whether your window is closed should come from an attorney who has reviewed your specific facts, not from a general assumption.

Yes, certain circumstances can extend your filing deadline. California’s fraudulent concealment doctrine tolls the statute of limitations for unpaid wages when an employer hides a violation from you. The clock does not begin running until you discovered the problem or reasonably should have. An employer that falsified wage statements or adjusted time records may have unintentionally extended your window. California courts have allowed wage claims to proceed past the standard deadline where concealment was demonstrated. If you suspect your employer altered your pay records, that detail is worth raising early in a consultation.

You can file for any violations that fall within your recovery window, which runs three or four years back depending on your claim type. If tolling applies in your situation, the window may extend further. A fair assessment requires knowing when each violation occurred, whether tolling circumstances apply, and which legal theories are available. Our employment claim deadlines guide explains how these timelines interact across all claim types. The sooner you get an assessment, the more options remain on the table.

Federal law sets different deadlines under the Fair Labor Standards Act. Most FLSA claims for back wages, including overtime pay, carry a two-year deadline. The window extends to three years when an employer showed reckless disregard for employee rights. California’s three and four-year deadlines are longer in most situations. California law does not require employees to file through a government agency before bringing a private suit. Under the FLSA, employees can also recover liquidated damages equal to the amount of their unpaid wages. An attorney can evaluate whether a parallel federal claim adds to your overall back pay recovery.