I left my position almost six months ago. What is the statute of limitations on filing an OT claim?

According to this site, three years:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

It depends on how the claim is brought and what the claims are for. For overtime, there is a 3 year statute under the Labor Code, 4 years if brought as part as a B&P 17200 claim. If an employee is only seeking waiting time penalties without claims of failure to pay overtime, a recent decision has held that a 1 year statute applies.

If you only left 6 months ago, you still have some time, but you should either consult with a lawyer or visit your nearest DLSE office to see about filing a claim.

http://www.dir.state.ca.us/dlse/Cal-CitiesB.asp?cty

So, no, I would not be just looking for waiting time penalties. Looks like there is plenty of time to decide whether it's worth the hassle. Thanks.

anon-y-mouse: I would not be just looking for waiting time penalties. Looks like there is plenty of time to decide whether it's worth the hassle

I don't know how much money is ostensibly due you. However, view the matter in the following context: If your next door neighbor passed you on the street, stole your wallet, and refused to give your money back, how much of a "hassle" would you find it to call the police and file a compliant?

In the labor law world, the DLSE are the police and here is their complaint form http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

OP, why would you want to wait to file the claim? :confused:

The sooner you file, the sooner you will get your OT wages.

If anything in my prior post made you decide to wait, I apologize. I was not suggesting that you wait before seeking your wages, I was merely telling you the time line. The sooner you proceed, the better.

Thanks all. I do understand. I am not waiting so much as trying to decide two issues: The first is whether I can prove my position should not have been classified as "exempt" (in which case I would qualify for the OT), and secondly whether there is enough of an OT claim to justify the drama of a legal action/proceeding.

A third (and very important) concern is whether I would have to pay my employer's attorney fees if they fought it and I lost the dispute. They are fighters and would never just agree that they owed me OT.

As to the first issue, I believe I can prove that I was not exempt, but will want to discuss that with an attorney.

As to the hours, on the books, I put down 40 hours weeks, because that is what I was told to do. But I worked for a slavedriver (there is no other word for it), and 10 and 12 hour days were fairly routine, plus weekend work if the boss were traveling or on vacation. But to offset the demanding hours, I did have some flexiblity in my schedule. On the few email records I have (screen prints from the work computer -- does not show content so I did not steal any firm secrets by printing them -- just shows the subject line, and the date/time stamp, I saw that I had taken off early one Friday, because I knew I would be working Saturday, etc. Even so, I think it safe to say I worked 50 to 55 hours weeks fairly routinely, but only was paid for 40. I only have about a few weeks worth of time stamped email printouts, but even those show a pattern of long days, starting work at say, 7AM (via emails) and getting back on the computer and sending more emails at 8 and 9 at night, after the commute home, after a full day at the office. So sometimes 12 hour days, but you have to subtract for commute, lunch, etc.

I guess I would feel a lot better about proceeding if I had a day by day tracking of the exact hours -- a perfect world. But I only have a few weeks worth of records, only emails sent from the work computer, which clearly show long hours. And I know what I did (worked constantly). I also have a performance review stating that I worked 50 to 60 hours per week, which was signed by both me and my employer, but I cannot find my copy of that. Do I think they would produce it if I asked for it? I am rolling on the floor laughing. They won't be able to 'find' it. It got "lost" due to a computer glitch/failure, someone must have deleted it, etc. Take your pick.

Thanks all. I do understand. I am not waiting so much as trying to decide two issues: The first is whether I can prove my position should not have been classified as "exempt" (in which case I would qualify for the OT), and secondly whether there is enough of an OT claim to justify the drama of a legal action/proceeding.

A third (and very important) concern is whether I would have to pay my employer's attorney fees if they fought it and I lost the dispute. They are fighters and would never just agree that they owed me OT.

As to the first issue, I believe I can prove that I was not exempt, but will want to discuss that with an attorney.

As to the hours, on the books, I put down 40 hours weeks, because that is what I was told to do. But I worked for a slavedriver (there is no other word for it), and 10 and 12 hour days were fairly routine, plus weekend work if the boss were traveling or on vacation. But to offset the demanding hours, I did have some flexiblity in my schedule. On the few email records I have (screen prints from the work computer -- does not show content so I did not steal any firm secrets by printing them -- just shows the subject line, and the date/time stamp, I saw that I had taken off early one Friday, because I knew I would be working Saturday, etc. Even so, I think it safe to say I worked 50 to 55 hours weeks fairly routinely, but only was paid for 40. I only have about a few weeks worth of time stamped email printouts, but even those show a pattern of long days, starting work at say, 7AM (via emails) and getting back on the computer and sending more emails at 8 and 9 at night, after the commute home, after a full day at the office. So sometimes 12 hour days, but you have to subtract for commute, lunch, etc.

I guess I would feel a lot better about proceeding if I had a day by day tracking of the exact hours -- a perfect world. But I only have a few weeks worth of records, only emails sent from the work computer, which clearly show long hours. And I know what I did (worked constantly). I also have a performance review stating that I worked 50 to 60 hours per week, which was signed by both me and my employer, but I cannot find my copy of that. Do I think they would produce it if I asked for it? I am rolling on the floor laughing. They won't be able to 'find' it. It got "lost" due to a computer glitch/failure, someone must have deleted it, etc. Take your pick.

That's not how this works. You don't need an attorney. Just file a claim with DLSE. They take it from there. You can discuss your exempt/non-exempt issue and they can tell you where you stand on that. If you don't have actual records of time worked they will "re-create" your time worked between what records you have, what records the employer provides (if any), and an interview with you.