What is the home health worker wage statute of limitations?

The limitations period depends on which wage claim the home health worker is asserting and which law applies. In California, the most common wage claims are generally subject to a 3-year statute of limitations, but some related claims may carry 1-year or 4-year periods depending on the theory and forum.

Bottom line

For a California home health worker wage case, the usual limitations periods are:

Claim typeTypical limitations periodAuthority
Unpaid wages, overtime, minimum wage, meal/rest break premium pay treated as wages3 yearsMurphy v. Kenneth Cole Prods., Inc., 40 Cal. 4th 1094 (2007); Cal. Civ. Proc. Code § 338(a)
Penalty claims under Labor Code section 210Generally 1 year[[source: 1]]
FLSA unpaid minimum wage/overtime2 years; 3 years for willful violations29 U.S.C. § 255(a)

California wage claims

If the case is for unpaid wages or premium pay, California generally treats those as subject to the 3-year limitations period under Cal. Civ. Proc. Code § 338(a). The California Supreme Court held that meal and rest period premium pay under Cal. Lab. Code § 226.7 is a wage/premium pay, not a penalty, and therefore carries a 3-year limitations period. Murphy v. Kenneth Cole Prods., Inc., 40 Cal. 4th 1094 (2007)

“The remedy provided in Labor Code section 226.7 constitutes a wage or premium pay and is governed by a three-year statute of limitations.”

The California Department of Industrial Relations likewise states that late-payment penalties under Cal. Lab. Code § 210 generally have a one-year statute of limitations. [[source: 1]]

Federal claims under the FLSA

If the home health worker is suing under the Fair Labor Standards Act, the limitations period is 2 years, extended to 3 years for a willful violation. 29 U.S.C. § 255(a)

Important home-health-worker wrinkle

Home health workers often litigate over whether they were properly classified under the applicable wage-order exemptions or overtime rules. The statute of limitations usually does not change just because the worker is in home health care; it turns on the specific claim asserted.

Practical answer

If you mean a California state-law wage claim for a home health worker, the default answer is usually:

3 years for unpaid wages and wage-premium claims; 1 year for certain penalties; 2 or 3 years for FLSA claims depending on willfulness.

If you want, I can narrow this to:

  1. California Wage Order 15/home health care exemption claims,
  2. overtime/minimum wage,
  3. meal and rest break premiums, or
  4. LSI/commissions/penalties,
    and give you the exact limitations period and accrual rule.

Sources & References

  1. Late Payment of Wages FAQs
  2. 29 U.S.C. § 255
  3. Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094 (2007)

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What is the home health worker wage statute of limitations? | OpenCase