PAGA civil penalties: 1-year statute of limitations (CCP 340(a)), tolled during the notice period

12 months after date of the labor code violation (each pay period / each violation), under Cal. Code Civ. Proc. 340(a); Cal. Lab. Code 2699(c)(1), 2699.3(e).

Rule text

CCP 340: "Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation." Lab. Code 2699.3(e): "The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part."

Cal. Code Civ. Proc. 340(a); Cal. Lab. Code 2699(c)(1), 2699.3(e), official source

Calculate this deadline

Deadline
Monday, November 8, 2027
  1. Trigger (Date of the Labor Code violation (each pay period / each violation)): Friday, November 6, 2026.
  2. Add 12 months: Saturday, November 6, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Code Civ. Proc. 340(a); Cal. Lab. Code 2699(c)(1), 2699.3(e)
CCP 340: "Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation." Lab. Code 2699.3(e): "The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part."
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • The PAGA notice must be given within this one-year period; the 2699.3 waiting/cure periods are then excluded from the limitations count (2699.3(e)), and further tolling applies while LWDA cure review extends beyond 65 days ((c)(2)(C)). The engine computes only the unextended one year; add the tolled days manually. Lab. Code 2699(c)(1) defines 'aggrieved employee' by reference to 'the period prescribed under Section 340 of the Code of Civil Procedure'. The quoted CCP 340 history line shows last amendment Stats. 2002. Applies to both versions; tolling provision is 2699.3(d) pre-reform and 2699.3(e) now.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
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This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of the Labor Code violation (each pay period / each violation) on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.

  1. Trigger (Date of the Labor Code violation (each pay period / each violation)): Monday, March 15, 2027.
  2. Add 12 months: Wednesday, March 15, 2028.

Notes

The PAGA notice must be given within this one-year period; the 2699.3 waiting/cure periods are then excluded from the limitations count (2699.3(e)), and further tolling applies while LWDA cure review extends beyond 65 days ((c)(2)(C)). The engine computes only the unextended one year; add the tolled days manually. Lab. Code 2699(c)(1) defines 'aggrieved employee' by reference to 'the period prescribed under Section 340 of the Code of Civil Procedure'. The quoted CCP 340 history line shows last amendment Stats. 2002. Applies to both versions; tolling provision is 2699.3(d) pre-reform and 2699.3(e) now.

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Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.