Earlier this year, a
ruled that even though employees have up to three years to file a lawsuit
seeking unpaid wages, a lawsuit to recover waiting-time penalties for delayed
payment of final wages must be filed within one year if the suit seeks only the
penalties because the underlying wages have been paid (see CWHA February 2008). But now, another appeals court has decided that
the three-year statute of limitations applies in suits to recover these kinds
of waiting-time-only penalties.1 Because the appellate court rulings conflict, the California
Supreme Court could decide to weigh in on the issue.
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1 Hoffman v. Uncle P Productions, LLC,
No. B198477, 2008