Waiting-time penalties (Lab. Code 203): same period as the underlying wage claim (3 years if statutory)

36 months after date the final wages were due (discharge: at time of discharge; quit: per lab. code 202), under Cal. Lab. Code 203(b); Cal. Code Civ. Proc. 338(a).

Rule text

203. ... (b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.

Cal. Lab. Code 203(b); Cal. Code Civ. Proc. 338(a), official source

Calculate this deadline

Deadline
Tuesday, November 6, 2029
  1. Trigger (Date the final wages were due (discharge: at time of discharge; quit: per Lab. Code 202)): Friday, November 6, 2026.
  2. Add 36 months: Tuesday, November 6, 2029.
Rules applied
Cal. Lab. Code 203(b); Cal. Code Civ. Proc. 338(a)
203. ... (b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
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." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."
Official source
  • Holding that the 3-year 338(a) period applies whether or not wages are also sought: Pineda v. Bank of America, N.A. (2010) 50 Cal.4th 1389 (case law; verify). If the underlying wages arise under a written contract (4 years) the period may differ. Unpaid minimum wage and overtime under Lab. Code 1194 are a liability created by statute, so the 3-year CCP 338(a) period applies; contract-based wage claims may instead carry 4 years (337, written) or 2 years (339, oral). Each pay period is a separate accrual (continuous accrual). Lab. Code 226 wage-statement penalties are governed by the 1-year 340(a) period (case law; verify). PAGA: paga_penalty_limitations_1yr (CA-PRESUIT). A Labor Commissioner (Berman) claim has its own procedure; not modeled. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).
  • 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 the final wages were due (discharge: at time of discharge; quit: per Lab. Code 202) on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.

  1. Trigger (Date the final wages were due (discharge: at time of discharge; quit: per Lab. Code 202)): Monday, March 15, 2027.
  2. Add 36 months: Friday, March 15, 2030.

Notes

Holding that the 3-year 338(a) period applies whether or not wages are also sought: Pineda v. Bank of America, N.A. (2010) 50 Cal.4th 1389 (case law; verify). If the underlying wages arise under a written contract (4 years) the period may differ. Unpaid minimum wage and overtime under Lab. Code 1194 are a liability created by statute, so the 3-year CCP 338(a) period applies; contract-based wage claims may instead carry 4 years (337, written) or 2 years (339, oral). Each pay period is a separate accrual (continuous accrual). Lab. Code 226 wage-statement penalties are governed by the 1-year 340(a) period (case law; verify). PAGA: paga_penalty_limitations_1yr (CA-PRESUIT). A Labor Commissioner (Berman) claim has its own procedure; not modeled. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).

Related deadlines

All California statutes of limitations deadlines

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.