EmpleoPregunta 917 de 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
Explicación
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.
Referencia Legal: Code of Civil Procedure §338; Labor CodePractica las 1605 preguntas gratis — sin registro.
Preguntas relacionadas de este tema
- An unpaid worker wants to recover wages without hiring a lawyer or filing in court. Which California agency handles administrative wage claims?
- After a worker files a wage claim with the Labor Commissioner, an evidentiary hearing may be held to resolve the dispute. What is this hearing commonly called?
- Under Labor Code §1194, an employee who successfully sues to recover unpaid minimum wage or overtime is entitled to recover, in addition to the unpaid wages:
- An employer receives an earnings withholding order (wage garnishment) for an employee's ordinary consumer debt. What is the general maximum that may be garnished from disposable earnings under California law?
- An employee's wages are garnished for the first time due to a single judgment. May the employer fire the employee simply because of that one garnishment?
- For a child-support wage assignment (income withholding order), the maximum percentage of disposable earnings that may be withheld is generally higher than for ordinary debts. What is the typical maximum for an employee supporting no other family and who is not in arrears beyond 12 weeks?
Última revisión: · proceso editorial
Sen Lin, Fundador de PrepPass · Verificado con California CSLB Contractor License Law & Business Exam · Cómo revisamos
Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)