$6.8M
San Bernardino County wage and hour class action settlement: a class of employees alleged their employer failed to pay wages owed and sought related penalties.
Employment
California Employment Deadlines: How Long You Have to File a Claim
How long you have to file an employment claim in California depends on the law behind it. A complaint to the Civil Rights Department is due within three years, and the lawsuit within one year after its right-to-sue notice. A claim for unpaid wages is generally due within three years. A retaliation complaint to the Labor Commissioner and a PAGA claim for penalties generally have one year.
Wilshire Law Firm’s California employment lawyers represent workers in each of these claims, with free case reviews 24/7 and no fees unless you get paid. Most deadlines below link to the law that sets them. When two deadlines apply to the same facts, the earlier one is usually the one to plan around.
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Key Takeaways
- Civil Rights Department: A discrimination, harassment, or protected-leave complaint is due within three years of the unlawful act (Gov. Code § 12960(e)(5)), and the lawsuit within one year of the right-to-sue notice (§ 12965(c)(1)(D)).
- Unpaid wages: Three years for wages the Labor Code requires (Code Civ. Proc. § 338(a)). Four years when the pay was promised in a written contract (§ 337(a)), or for restitution of unpaid wages under the Unfair Competition Law (Bus. & Prof. Code § 17208).
- PAGA penalties: One year (Code Civ. Proc. § 340(a)). The written notice to the Labor and Workforce Development Agency comes first, and its waiting period doesn’t count against the year (Lab. Code § 2699.3(e)).
- Retaliation: Generally one year to file a complaint with the Labor Commissioner, which can be extended for good cause (Lab. Code § 98.7(a)(1)). The period was six months until AB 1947 took effect on January 1, 2021.
- Fired for an illegal reason: A lawsuit for wrongful termination in violation of public policy is due within two years (Code Civ. Proc. § 335.1), and the final paycheck is due the day you’re fired (Lab. Code § 201(a)).
Understanding Your Employment Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
Find your situation below. Each line gives the deadline and its source, with statutes read in their current form on November 2, 2026. Equal pay claims have their own timeline, covered on our equal pay deadlines page.
Discrimination, harassment, and protected leave
- A complaint to the Civil Rights Department (CRD) about discrimination, harassment, retaliation for opposing either, a denied accommodation, CFRA family or medical leave, or pregnancy disability leave: three years from the unlawful practice (Gov. Code § 12960(e)(5)).
- A lawsuit after CRD issues a right-to-sue notice: one year from the date of the notice (Gov. Code § 12965(c)(1)(D)).
- You first learned the facts after the three years ran out: up to 90 more days, if you learned them during the 90 days after the deadline (§ 12960(e)(6)(A)).
- You were under 18 when it happened: up to one year after your 18th birthday (§ 12960(e)(6)(D)).
- A federal charge with the EEOC: generally 300 days in California, because a state agency enforces a similar law (EEOC time limits).
Wages and pay
- Unpaid minimum wage, overtime, or meal and rest break premiums: three years (Code Civ. Proc. § 338(a)). The California Supreme Court has held that break premiums are wages with this three-year period (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094).
- Pay promised in a written agreement, such as a commission plan: four years (Code Civ. Proc. § 337(a)). An oral promise: two years (§ 339(1)).
- Restitution of unpaid wages under the Unfair Competition Law: four years (Bus. & Prof. Code § 17208).
- A final paycheck willfully paid late: the waiting-time penalty runs up to 30 days of wages, and it can be sued for any time before the deadline for the unpaid wages themselves (Lab. Code § 203(a)-(b)).
- Appealing a Labor Commissioner wage decision to superior court: 10 days after service of the notice, with extra days added for mailed service (Lab. Code § 98.2(a)).
PAGA
- Before suing: written notice filed online with the Labor and Workforce Development Agency (LWDA) and sent to the employer by certified mail, with a $75 fee that can be waived (Lab. Code § 2699.3(a)(1)).
- The agency's window: 65 calendar days to say whether it will investigate; if it does, 120 days to investigate (§ 2699.3(a)(2)).
- The lawsuit for civil penalties: one year (Code Civ. Proc. § 340(a)), not counting the notice periods (Lab. Code § 2699.3(e)).
Retaliation
- A retaliation complaint to the Labor Commissioner: generally one year from the violation, extendable for good cause (Lab. Code § 98.7(a)(1)).
- Retaliation for a workplace safety complaint: the Labor Commissioner must tell you of the right to file a separate complaint with the U.S. Department of Labor within 30 days (§ 98.7(a)(1)).
- Retaliation for a workers' compensation claim: a petition to the Workers' Compensation Appeals Board within one year of the act or the firing (Lab. Code § 132a).
- Retaliation for reporting harassment or discrimination: the CRD's three-year period above.
Firing, quitting, and leaving with a severance offer
- Final pay if you're fired: due immediately (Lab. Code § 201(a)). If you quit without a written contract for a set term: within 72 hours, or on your last day with 72 hours' notice (§ 202(a)).
- A lawsuit for wrongful termination in violation of public policy: two years (Code Civ. Proc. § 335.1).
- A severance agreement: the employer generally must tell you that you can consult an attorney and give you at least five business days to do so (Gov. Code § 12964.5(b)(4)).
- A severance agreement that waives federal age claims, if you're 40 or older: 21 days or more to consider it (45 in a group layoff program) and 7 days after signing to revoke. Without them, the waiver isn't valid (29 U.S.C. § 626(f)(1)(F)-(G)).
- Federal family and medical leave: an FMLA lawsuit within two years of the last violation, or three years if it was willful (29 U.S.C. § 2617(c)).
A claim under the Fair Employment and Housing Act starts with a CRD complaint, not a lawsuit. That covers discrimination, harassment, retaliation for reporting either, accommodation, and the CFRA and pregnancy leave rights in Gov. Code § 12945.2 and § 12945. Filing CRD's intake form counts as filing the complaint (Gov. Code § 12960(b)).
The notice. If CRD hasn't sued within 150 days, or decides earlier that it won't, it must issue a right-to-sue notice on request. Otherwise it issues one when its investigation ends, no later than one year after the complaint (§ 12965(c)(1)(A)). The one year to sue runs from the date on that notice.
Filed with the EEOC too. When a discrimination or harassment charge is timely filed with both agencies and one defers its investigation to the other, the one-year period can be paused. It then ends on the later of the federal deadline to sue or one year from CRD's notice (§ 12965(e)-(f)).
Other laws CRD enforces. Since January 1, 2022 (SB 807), a CRD complaint also pauses the time to sue under some other laws CRD enforces, such as the Equal Pay Act. The pause lasts until CRD sues, or one year after it gives written notice that it closed its investigation (Gov. Code § 12960(f)). SB 477, effective January 1, 2026, extended it through a timely appeal of a closure.
Unpaid wages can be claimed with the Labor Commissioner or in a lawsuit, and the same limitations periods apply either way. For minimum wage, overtime, and break premiums, that's three years, and each missed payment starts its own clock. Waiting can cost the oldest pay periods first, even while newer ones are still in time.
A few rules add money or time:
- Minimum wage: liquidated damages equal to the unpaid minimum wages, plus interest, which can be sued for within the same period as the wages; proven employer good faith can reduce or bar them (Lab. Code § 1194.2(a)-(b)).
- Final pay: the waiting-time penalty of up to 30 days' wages follows the deadline for the wages themselves (§ 203(b)).
- Labor Commissioner awards: either side can appeal to superior court within 10 days of service, and an employer that appeals must first post a bond or deposit for the amount awarded (§ 98.2(a)-(b)).
Our unpaid wages page covers what California employers owe. Coworkers with the same pay problem may also have a PAGA claim, which runs on its own one-year clock.
A Private Attorneys General Act claim recovers civil penalties for Labor Code violations on behalf of the State and affected coworkers. Because those are penalties, the lawsuit is due within one year (Code Civ. Proc. § 340(a)).
The employee bringing it must have personally suffered each violation alleged within that one-year period (Lab. Code § 2699(c)(1)). Before suing, the employee files a written notice with the LWDA and mails it to the employer. The suit can follow once the agency says it won't investigate, or 65 days pass with no word from it (§ 2699.3(a)(2)(A)).
The notice periods aren't counted against the year (§ 2699.3(e)). The 2024 reform's changes to § 2699 apply to suits brought on or after June 19, 2024, unless the notice was filed before that date (§ 2699(v)). AB 1170 amended both sections again effective January 1, 2026. Our PAGA claims page explains penalties and the cure process.
Which deadline applies depends on what you did before the employer acted against you:
- A wage complaint, a whistleblower report, or another right the Labor Code protects: a complaint to the Labor Commissioner, generally within one year, extendable for good cause (Lab. Code § 98.7(a)(1)). You don't have to file it before suing (§ 98.7(g); § 244(a)).
- Reporting harassment or discrimination, or asking for an accommodation or protected leave: a CRD complaint within three years (Gov. Code § 12960(e)(5)).
- Filing a workers' compensation claim: a petition to the Workers' Compensation Appeals Board within one year (Lab. Code § 132a).
Timing matters in another way, too. If an employer acts against you within 90 days of activity that Lab. Code § 98.6 protects, the law presumes retaliation unless the employer rebuts it (§ 98.6(b)(1)). Our workplace retaliation page explains what counts as protected activity.
Your last paycheck. When an employer fires you, every wage you've earned is due immediately (Lab. Code § 201(a)). If the employer willfully pays late, your daily wage can continue as a penalty for up to 30 days (§ 203(a)).
The lawsuit. A claim that the firing violated a fundamental public policy is due within two years (Code Civ. Proc. § 335.1). A Court of Appeal applied that two-year period to this kind of claim in Prue v. Brady Co./San Diego, Inc. (2015). If the firing was discriminatory or retaliatory under FEHA, the CRD's three-year complaint period also applies.
Forced to quit. When an employer intentionally creates or knowingly allows conditions so intolerable that a reasonable person would feel compelled to resign, the law treats the resignation as a firing (Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238). The same deadlines then apply.
Records. A former employee can ask for payroll records, which the employer must provide within 21 days (Lab. Code § 226(c)), and a personnel file, within 30 days of a written request (§ 1198.5(b)(1)). See our wrongful termination page for what a claim can recover.
Arbitration agreements. Some agreements signed at hiring try to shorten these deadlines. A court may refuse to enforce a one-sided term like that, and our guide to employment arbitration agreements explains what courts look for. Until a lawyer has read your agreement, treating its shorter date as real is the cautious approach.
Public employers. Before suing a city, county, state agency, or school district for money, some claims first need a written government claim. It's due within six months for injury to a person and within one year for other claims (Gov. Code § 911.2(a), § 945.4).
Extensions. The statutes above include their own extensions: late discovery and minors for CRD complaints, good cause for Labor Commissioner retaliation complaints, and the PAGA notice period. Other exceptions can depend on the facts of a case, so the dates on this page are the ones to plan around.
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John G. Yslas, Esq.Senior Partner, Chair of the Employment Wage & Hour Class Action Department
Mary Lee Caruso, Esq.Senior Partner
Tyler J. Woods, Esq.Senior Partner
Arrash Fattahi, Esq.Partner
Benjamin Haber, Esq.Partner
Nicol Hajjar, Esq.Partner
Diego Aviles, Esq.Junior Partner
Jeffrey Bils, Esq.Junior Partner
Emily Borman, Esq.Junior Partner
Jose Maria D. Patino, Jr., Esq.Junior Partner
Christina M. LeJunior Partner
William M. Pao, Esq.Junior Partner
Eugene Zinovyev, Esq.Junior PartnerRecent wins
1 of 54
$5.5M
Oakland wage and hour class action settlement: senior living facility employees alleged unpaid wages, meal and rest break violations and unreimbursed expenses in class and representative claims.
$4.0M
Hawthorne wage and hour class action settlement: a manufacturer's hourly employees alleged missed rest breaks, short or late meal periods and unpaid wages, plus unreimbursed work expenses.
$3.9M
Newport Beach wage and hour class action settlement: hourly manufacturing plant employees alleged late and interrupted meal and rest breaks and sought unpaid premium pay.
$3.5M
Camarillo wage and hour class action settlement: hourly employees alleged meal and rest period violations and sought unpaid wages plus the related premiums.
$3.5M
Alameda County wage and hour class action settlement: hourly workers at a security systems company alleged unpaid wages and meal and rest period violations, and sought break premiums.
$3.3M
Irvine wage and hour class action settlement: hourly employees of a products company alleged they were denied compliant meal and rest breaks and sought premium pay and expense reimbursement.
$3.1M
Torrance wage and hour class action settlement: retail store employees alleged unpaid wages and meal and rest period violations, seeking final pay, waiting-time penalties and expense reimbursement.
$3.0M
Thousand Oaks wage and hour class action settlement: a manufacturer's employees alleged unpaid pre-shift work and noncompliant meal and rest breaks, seeking break premiums and expense reimbursement.
$3.0M
Orange County wage and hour class action settlement: a healthcare employer's hourly workers alleged unpaid overtime and meal and rest break violations and sought premium pay and expense reimbursement.
$3.0M
San Diego wage and hour class action settlement: hourly employees alleged unpaid wages and break violations, pursuing meal and rest period premiums and repayment of work costs.
$2.8M
Riverside County wage and hour class action settlement: a restaurant franchise's hourly workers alleged unpaid wages and meal and rest period violations and sought to recover their work expenses.
$2.8M
Brentwood wage and hour class action settlement: an education provider's hourly staff alleged unpaid wages and meal and rest period violations and sought premium pay and expense reimbursement.
$2.5M
San Francisco County wage and hour class action settlement: hourly campus employees sought unpaid wages and work expense reimbursement, alleging meal and rest period violations.
$2.5M
San Jose wage and hour class action settlement: hourly car dealership employees alleged they were underpaid, denied proper meal and rest periods and not reimbursed for work expenses.
$2.5M
San Francisco County wage and hour class action settlement: hourly clinic staff alleged off-the-clock work, meal and rest period violations, unpaid premiums and unreimbursed work expenses.
$2.5M
San Leandro wage and hour class action settlement: hourly employees alleged unpaid overtime, unpaid wages and meal and rest period violations, and claimed break premiums and out-of-pocket costs.
$2.4M
Orange County wage and hour class action settlement: restaurant employees alleged a franchise operator failed to provide legally required meal and rest breaks or pay the premiums owed.
$2.2M
Los Angeles wage and hour class action settlement: hourly hospital employees alleged their employer failed to provide meal periods required by California law.
$2.1M
San Diego County wage and hour class action settlement: franchise restaurant workers alleged unpaid off-the-clock work, late meal and rest breaks without premium pay, and unreimbursed work gear.
$2.0M
Alameda County wrongful termination settlement: an employee who reported a coworker's harassment and helped a colleague file a complaint alleged being fired months later. The employer cited a layoff.
$2.0M
Tulare wage and hour class action settlement: food processing employees alleged interrupted rest breaks without premium pay and no reimbursement for personal phones used for work.
$2.0M
Watsonville wage and hour class action settlement: hourly workers at an agricultural company alleged unpaid overtime, interrupted lunches and missing rest breaks during long shifts.
$1.6M
Barstow wage and hour class action settlement: hourly workers at a vehicle-services business alleged unpaid off-the-clock time, meal and rest break violations and unreimbursed uniform costs.
$1.0M
Los Angeles County workplace retaliation settlement: an employee alleged being fired weeks after reporting harassment and wage violations. The employer said the position was eliminated.
$910K
Gardena wage and hour class action settlement: hourly employees alleged they were denied meal and rest breaks without premium pay and had to cover supplies and phone costs.
$825K
Oakland leave of absence settlement: a worker who had come back from approved medical leave was later fired and alleged retaliation and wrongful termination by the employer.
$750K
Woodland workplace harassment settlement: a worker alleged sexual harassment and discrimination, and that supervisors took no action on repeated complaints before the worker was forced to quit.
$750K
Los Angeles leave of absence settlement: an employee let go while on approved medical leave alleged disability discrimination and wrongful termination. The employer cited restructuring.
$675K
Carson workplace discrimination settlement: an office employee who was let go alleged discrimination and harassment at work and brought a wrongful termination claim against the employer.
$650K
Los Angeles leave of absence settlement: a worker fired while on medical leave brought claims against the employer, alleging disability discrimination and wrongful termination.
$500K
Santa Ana workplace retaliation settlement: an employee alleged being let go after reporting inappropriate conduct by a manager. The company called it a layoff.
$500K
Fresno workplace retaliation settlement: an employee alleged being fired after an ethics complaint about patient privacy violations. The claims included discrimination and wrongful termination.
$500K
Commerce leave of absence settlement: an employee on approved medical leave alleged being fired weeks before a scheduled return, with no prior warnings. The claims included disability discrimination.
$500K
Morgan Hill disability discrimination settlement: an employee alleged being let go during medical treatment after a request for remote work was refused. The employer cited hardship.
$500K
Los Angeles County disability discrimination settlement: an employee alleged being fired for requesting more medical leave while coworkers were already covering the work. The employer cited hardship.
$425K
Anaheim disability discrimination settlement: an employee facing medical treatment alleged being fired in retaliation within two weeks of complaining about a manager, despite no write-ups.
$395K
Riverside disability discrimination settlement: an employee alleged being fired after asking to extend medical leave. The employer said the leave was exhausted.
$340K
Santa Clara County wrongful termination settlement: an employee alleged being fired after complaining to human resources about a manager. The employer raised performance concerns after the complaint.
$325K
Lake County workplace discrimination settlement: an employee alleged being fired days after requesting an accommodation. The claims included disability discrimination and retaliation.
$260K
California workplace discrimination settlement: an employee alleged the employer denied reasonable accommodations and then ended the job, bringing discrimination and wrongful termination claims.
$250K
Bakersfield leave of absence settlement: an employee on doctor-ordered medical leave alleged being fired during the leave. The termination letter gave no reason.
$225K
Campbell wrongful termination settlement: an employee who sought a medical accommodation alleged being fired in retaliation days after human resources closed a harassment complaint.
$220K
Signal Hill wage and hour class action settlement: employees alleged they missed meal and rest breaks without receiving premium pay and were not paid for all time worked.
$200K
Hemet wage and hour class action settlement: hourly thrift store employees alleged meal and rest period violations, seeking premium pay, cell phone expense reimbursement and PAGA penalties.
$185K
Shasta County wage and hour settlement: an employee brought a representative claim on behalf of healthcare employees, alleging meal and rest period violations, unpaid wages and unreimbursed expenses.
$176K
Newport Beach wrongful termination settlement: a restaurant employee alleged being fired after reporting a coworker's sexual harassment. The employer claimed a layoff but brought that coworker back.
$175K
San Francisco disability discrimination settlement: an employee with disabling medical conditions alleged being denied accommodations and wrongfully terminated from a salaried position while disabled.
$174K
Tulare County disability discrimination settlement: an employee on medical leave alleged being fired while still disabled and awaiting further treatment. The employer cited a single write-up.
$170K
Torrance wrongful termination settlement: a care facility employee alleged being fired the same day the employee reported medication handling concerns and racial mistreatment to corporate.
$125K
Downey leave of absence settlement: an employee alleged being fired while on medical leave after a warning that filing for protected leave would lead to termination.
$125K
Sacramento County disability discrimination settlement: an employee on intermittent medical leave alleged being fired because of a medical condition and age. The claims also included retaliation.
$116K
San Diego wage and hour settlement: a restaurant employee alleged unpaid overtime from edited time sheets and straight-time pay for extra hours, plus missed meal and rest breaks.
$100K
Victorville wage and hour class action settlement: hourly restaurant employees alleged their employer left wages unpaid, violated meal and rest period rules and did not reimburse work expenses.
*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.
View more resultsWhich employment deadline applies to me?
It may be more than one. A firing after you complained about pay could raise a Labor Commissioner retaliation complaint with a one-year deadline and a wage claim with three years, plus a three-year CRD complaint if discrimination played a part. A free case review can sort out which dates apply and which one comes first.
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#1 Truck v. Pedestrian Accident Settlement
2024
#1 Multi-Vehicle Accident Settlement
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#1 Equipment Malfunction Settlement
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#1 Car v. Stationary Object Collision Settlement
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#1 Bus v. Passenger Accident Settlement
2024
#1 Whistleblower Retaliation Settlement
2023
#1 Underinsured Motorist Settlement
2023
#1 Slip & Fall Accident Settlement
2023
#1 Negligent Security Settlement
2023
#1 Ladder Accident Settlement
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#1 Hotel Premises Liability Settlement
2023
#1 Car v. Car Collision Settlement
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#1 Bicycle Accident Settlement
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#1 Pregnancy Discrimination Settlement
2022
#1 Age/Disability Discrimination Settlement
2022
#1 Wrongful Termination Settlement
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#1 Meal & Rest Breaks Settlement
2022
*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.
Employment FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
It depends on why you were fired. A lawsuit for wrongful termination in violation of public policy is due within two years (Code Civ. Proc. § 335.1). A firing that was discriminatory or retaliatory under FEHA needs a CRD complaint within three years, then a lawsuit within one year of the right-to-sue notice. A firing for a wage complaint can also go to the Labor Commissioner, generally within one year.
Filing a CRD complaint within three years meets the FEHA filing deadline. The next clock starts with the right-to-sue notice: one year to file the lawsuit (Gov. Code § 12965(c)(1)(D)). Since January 1, 2022, an open CRD complaint also pauses the time to sue under some other laws CRD enforces, such as the Equal Pay Act (§ 12960(f)).
Yes. A PAGA lawsuit for civil penalties is due within one year (Code Civ. Proc. § 340(a)), and you must have suffered the violations yourself within that year. The notice to the LWDA comes first, and its 65-day waiting period isn't counted (Lab. Code § 2699.3(e)).
It may not be over. The CRD deadline can stretch 90 days if you first learned the facts within 90 days after it passed, or to a year after you turned 18. A Labor Commissioner retaliation deadline can stretch for good cause. Each paycheck can also start a new wage claim period. A lawyer can check which dates are still open.
Nothing up front. Wilshire Law Firm works on contingency, so there are no fees unless you get paid. Case reviews are free and available 24/7.