What is the California wage claim statute of limitations?

3 years (Lab. Code § 1194), running from the date wages were due. This is one of the longest in the country.

What form do I use to file a California wage claim?

DLSE Form 1, filed with the Division of Labor Standards Enforcement (DLSE). SynthCounsel hosts the official .gov source PDF and re-verifies it nightly.

Can I file in state and federal court at the same time?

Yes. The California state wage claim runs separately from the federal FLSA claim (2-year SOL, 3 if willful). You can file both. Discrimination claims also run on a separate EEOC clock (180 days; 300 in deferral states).

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California · Labor & employment

How to file a wage claim in California.

Filed with the Division of Labor Standards Enforcement (DLSE). Form: DLSE Form 1. Statute of limitations: 3 years (Lab. Code § 1194).

Statute of limitations

3 years (Lab. Code § 1194)

Final pay deadline

Day of termination if discharged; 72 hours if employee quit without notice.

Damages

Waiting-time penalties up to 30 days of wages (Lab. Code § 203). Liquidated damages on minimum wage violations. Attorney fees recoverable.

Calculate your specific deadline

Enter the date wages were due → get the deadline for California, federal FLSA, EEOC charge, and NLRB ULP.

Open SOL calculator

What this form covers

Covers minimum wage, overtime, meal/rest break premiums (1 hour pay per missed break), and final-pay penalties.

File the form

The DLSE Form 1 is the canonical wage-claim form for California. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly. Free preview, $9 to fill via wizard, or unlimited on the Pro / Firm tiers.

Fill the form — $9.99 All Labor & Employment forms

Filing more than this one form?

The DLSE Form 1 is one piece. Most wage cases also need a demand letter, a federal DOL parallel filing, an EEOC charge if there’s a discrimination angle, and a trail of follow-up correspondence. Case Pass — $149/case covers unlimited forms, court documents, and deadline tracking for 12 months.

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Federal options run in parallel

State wage claims don’t replace federal claims. The FLSA SOL (2 years; 3 if willful) runs separately from California’s SOL, and you may file with the US DOL Wage & Hour Division for federal minimum-wage and overtime violations. For discrimination claims, the EEOC charge clock starts at 180 days (300 days in deferral states like California).

· FLSA wage claim: DOL WH-31
· EEOC discrimination charge: EEOC Form 5
· NLRB unfair labor practice: NLRB-501
· OSHA workplace hazard: OSHA-7

Wage claim guides for nearby states

Texas

Texas Workforce Commission (TWC) Labor Law Section · SOL 180 days from when wages were due (Texas Payday Law)

New York

NYS Department of Labor · SOL 6 years (NY Labor Law § 196)

Florida

Florida Commission on Human Relations (employment discrimination only) · SOL 365 days for FCRA discrimination charges

Utah

Utah Labor Commission, Wage Claim Unit · SOL 2 years (Utah Code § 34-28-9)

Arizona

Industrial Commission of Arizona Labor Department · SOL 1 year (state); 2 years FLSA (3 if willful)

Colorado

Colorado Department of Labor and Employment Direct Investigations Unit · SOL 3 years (CO Wage Act); 2 yr / 3 yr FLSA

See all 21 state guides

Free tool

Wage SOL calculator

All four parallel deadlines (state, FLSA, EEOC, NLRB) from one date.

Free tool

EEOC charge wizard

Build a Form 5 narrative if your wage claim involves discrimination.

This is general information, not legal advice. Wage-payment statutes change frequently. Confirm the current form, SOL, and damages framework with the Division of Labor Standards Enforcement (DLSE) or a licensed California attorney before filing.