California Wage Theft Recovery System

The Three-Year Window: How Far Back California Lets You Go to Recover Wages

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One of the most important things a California worker can understand about wage claims is the statute of limitations. For most violations — overtime, meal and rest breaks, minimum wage — you have three years from each violation to file. That window runs from today.

The Clock Is Running Both Directions

A worker who was underpaid on overtime from 2022 through 2025 can file a DLSE claim in 2026 for violations going back to April 2023. Three years back from today — not from the last day of work, not from when they discovered the violation. Today. That also means every day without filing costs the oldest day of the lookback period. Waiting six months loses six months of the oldest violations as they fall outside the window.

PAGA civil penalties have a one-year limitations period — different from the three-year window for actual wages. Understanding which period applies to which remedy is essential to maximizing what’s recoverable. Getting this wrong costs money.

The calculation isn’t complicated once you understand the framework. Three years of daily overtime, break premiums, and waiting time penalties adds up quickly when the math is done correctly. The hard part isn’t the filing — it’s knowing what to calculate and how to calculate it accurately.

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Educational use only. Not legal advice. Justice Foundation.

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