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Employment Law 101: What are the statute of limitations for possible employment law claims?

By Malatesta Law on July 30, 2018

A statute of limitations is the deadline for filing a lawsuit on a particular claim. In order to bring a lawsuit against an employer for a certain claim, the lawsuit must be filed within the applicable statute of limitations for the claims asserted.

The statute of limitations for a claim under the Fair Employment and Housing Act for discrimination, harassment, or retaliation is one year. Consequently, an employee must file an administrative complaint with the Department of Fair Employment and Housing within one year of the wrongful conduct occurring.

The statute of limitations for a claim for the failure to pay minimum wages and overtime wages is three years.

The statute of limitations for a claim for the failure to provide meal and rest breaks is three years.

The statute of limitations for a claim for the failure to pay wages due upon termination is three years.

The statute of limitations for a claim for the failure to reimburse business expenses is three years.

Posted in: Employment Law 101


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