How long do I have to claim unpaid wages in California?

Generally three years. Code of Civil Procedure section 338(a) gives statutory wage claims — unpaid overtime, minimum wage, and meal and rest break premiums — a three-year period, measured from each violation. An unfair competition claim under Business and Professions Code section 17200 can extend recovery of unpaid wages to four years.

Wage claims stack several limitation periods. Statutory violations — unpaid overtime, minimum wage, meal and rest break premiums, unreimbursed expenses — carry a three-year period under Code of Civil Procedure section 338(a), and each short paycheck starts its own clock, so a claim filed today typically reaches the last three years of violations. A companion unfair competition claim under Business and Professions Code section 17200 extends restitution of unpaid wages to four years (section 17208). Contract-based wage claims run four years if the contract is written, two if oral. Waiting-time penalties for a late final paycheck (Labor Code section 203) may be recovered on the same three-year period as the underlying wages. Workers can file a wage claim with the Labor Commissioner, which resolves disputes through the streamlined Berman hearing process (Labor Code section 98), or sue in court. Because the recovery window slides forward, every month of delay lets the oldest violations fall out of reach.

Authority: Cal. Code Civ. Proc. § 338(a)