California Wage Theft Recovery System

How Far Back Can You Claim? Wage Theft Deadlines in California

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by

timothymccandless
in

Waiting costs money — every pay period that ages past the deadline drops off your claim. Know the windows and file before they close.

What California Law Says

Statutory wage claims generally reach back three years; written contract claims four; unfair competition claims under Business and Professions Code 17200 can restore a fourth year of restitution in court. Waiting time and most statutory penalties carry their own limits, and PAGA has a one-year window.

How to Fight Back, Step by Step

  1. Mark your key dates: first known underpayment, separation date, and today.
  2. Compute the reach-back for each theory — wages, premiums, penalties.
  3. Prioritize filing before the oldest valuable pay periods expire; filing with the Labor Commissioner stops the clock.
  4. Do not rely on employer promises to fix it later — promises do not stop the clock.
  5. File and amend as records surface.

Common Questions

I left the job two years ago. Too late?

Not at all — a three-year window measured from each underpaid payday means substantial periods remain live, plus a fourth year available in court.

Does an internal HR investigation pause the deadline?

No. Only filing does. Cooperate with HR if you wish, but file to protect the clock.

Get the free California Wage Theft Recovery Kit — demand letters, Labor Commissioner claim worksheets, penalty calculators, and AI prompts to customize every document to your facts. Free, no email wall, at wagetheftkit.com. All five Justice Foundation kits are at justiceprompt.com. Educational use only — not legal advice.

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