The Three-Year Lookback: How to Build Your Wage Claim From Scratch

California’s three-year statute of limitations on wage claims means you can recover for violations going back three years from your filing date. Building a complete lookback calculation requires organizing evidence systematically.

Building the Record

Start with whatever documentation you have: pay stubs, bank records showing direct deposits, any written schedule records, text messages about hours, or emails with HR about pay. For each pay period within the lookback window, identify: hours actually worked, hours reported/paid, regular rate of pay, overtime owed, overtime paid, meal period violations, rest period violations, and any expense reimbursements owed.

Gaps in documentation can be filled by estimation — with explanation. California law places the burden of record-keeping on the employer. When records are missing or inadequate, workers are permitted to offer their best estimate based on their recollection and any corroborating evidence. A consistent, detailed, credible estimate is meaningful evidence. Document your methodology alongside your calculations.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims — without paying an attorney to get started. Request your free evaluation here.