EmploymentQuestion 917 of 1605
Generally, what is the statute of limitations for an employee to file a claim for unpaid overtime based on a statutory obligation in California?
a.6 months
b.3 years
c.2 years
d.1 year
Explanation
A claim for unpaid wages or overtime founded on a statutory liability (such as the Labor Code) generally has a 3-year statute of limitations under Code of Civil Procedure §338. If the claim is also pursued as an unfair business practice, the reach can extend to 4 years, and a written-contract wage theory can be 4 years, but the baseline statutory period for overtime is 3 years.
Law Reference: Code of Civil Procedure §338; Labor CodePractice all 1605 questions free — no signup required.
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