JANUARY 2007

JUDICIAL UPDATES

Clarification of Deadlines for Various Wage & Hour Claims

The California Court of Appeal recently decided an appeal in a legal malpractice case that involved allegations of untimely filing of wage & hour claims.  In the course of deciding the issues raised, the appellate court addressed the statutory deadlines for filing certain types of these claims.  A claim to recover business expenses incurred during employment (see Labor Code section 2802) must be filed within three years from the date that the employee incurs the expense.  A claim for unpaid wages must be filed within two years from the date that the wages were due to be paid.  Finally, the date for filing a claim for vested vacation pay begins on the date of termination or resignation.  (Church v. Jamison, Court of Appeal case number F048224, October 23, 2006.)

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