One of the most common things we hear from employees is, “I didn’t know there was a deadline.” California employment laws give workers significant protections, but every claim comes with a time limit. Miss it, and a strong claim can be lost no matter how good the evidence is.
Deadlines vary depending on the type of claim, the agency involved, and whether you work for a private company or a public employer. Below is an overview of the main deadlines California workers should know as of 2026. These are general rules. Exceptions, tolling, and the specific facts of your situation can change the answer.
Discrimination, Harassment, and Retaliation Under FEHA
Most claims of workplace discrimination, harassment, failure to accommodate, and related retaliation in California arise under the Fair Employment and Housing Act (FEHA). FEHA claims follow a two-step process.
Step 1: File With the Civil Rights Department Within Three Years
Before you can sue under FEHA, you must file a complaint with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing. Under Government Code section 12960, you generally have three years from the date of the unlawful practice to file. This period was extended from one year to three years by Assembly Bill 9, which took effect on January 1, 2020.
The law allows limited extensions in certain circumstances, such as when an employee first learned of the facts of the unlawful practice shortly after the deadline, or when the employee was a minor. Where conduct is ongoing, such as continuing harassment, the continuing violation doctrine may allow earlier acts to be considered along with more recent ones. These exceptions are fact-specific, so it is better not to rely on them.
Step 2: File a Lawsuit Within One Year of the Right-to-Sue Notice
You can ask CRD to investigate, or you can request an immediate right-to-sue notice if you plan to go to court. Once a right-to-sue notice is issued, you generally have one year from the date of the notice to file a lawsuit (Government Code section 12965). Requesting a notice starts that one-year clock, so it should be timed carefully, ideally with an attorney’s help.
Federal Discrimination Claims (EEOC)
Federal laws such as Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act require you to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). Because California has its own fair employment agency, the federal filing deadline here is generally 300 days from the discriminatory act. After the EEOC issues a notice of right to sue, you generally have 90 days to file a federal lawsuit. CRD and the EEOC have a work-sharing arrangement, but if you want to preserve federal claims, confirm that a charge is filed with the EEOC within the federal deadline.
Family and Medical Leave (CFRA)
Claims under the California Family Rights Act, such as interference with protected leave or retaliation for taking it, are part of FEHA and generally follow the same CRD process and three-year filing deadline.
Wrongful Termination in Violation of Public Policy
A common-law claim for termination in violation of public policy, sometimes called a Tameny claim, does not require an agency filing. It is generally subject to a two-year statute of limitations under Code of Civil Procedure section 335.1, measured from the date of termination.
Whistleblower and Labor Code Retaliation Claims
- Labor Commissioner retaliation complaints: if you were fired or punished for activity protected under laws the Labor Commissioner enforces, such as complaining about unpaid wages, you generally must file a complaint with the Labor Commissioner’s Office within one year (Labor Code section 98.7). That period may be extended for good cause.
- Workplace safety retaliation: if you were retaliated against for raising a health or safety complaint, you may also have a separate right to file a federal OSHA complaint, which has a much shorter 30-day deadline.
- Whistleblower lawsuits under Labor Code section 1102.5: these are generally subject to a three-year statute of limitations for liability created by statute (Code of Civil Procedure section 338).
Unpaid Wages, Overtime, and Break Premiums
- Labor Code wage claims: claims for unpaid minimum wages, overtime, and meal and rest break premiums are generally subject to a three-year statute of limitations (Code of Civil Procedure section 338). This applies whether you file a wage claim with the Labor Commissioner or a lawsuit.
- Unfair Competition Law: in some cases, unpaid wages can be recovered as restitution under Business and Professions Code section 17200, which has a four-year limitations period (section 17208).
- Written contracts: claims for wages owed under a written agreement generally have four years (Code of Civil Procedure section 337). Oral agreements generally have two years (section 339).
- Federal FLSA claims: generally two years, or three years for willful violations.
Wage claims are usually measured pay period by pay period, so each paycheck that drops out of the limitations window may be lost. Waiting even a few months can reduce what you are able to recover.
Equal Pay Act Claims
California’s Equal Pay Act (Labor Code section 1197.5) was amended by Senate Bill 642, effective January 1, 2026. A civil action may now be filed within three years after the last date the cause of action occurs, and an employee may obtain relief for the entire period of the violation, up to six years. The previous rule was two years, or three for willful violations.
PAGA Representative Claims
Under the Private Attorneys General Act, an employee must first give written notice to the Labor and Workforce Development Agency and the employer before filing a lawsuit. The one-year statute of limitations for PAGA penalties (Code of Civil Procedure section 340) means that notice should be sent well within one year of the violations.
Special Rules for Public Employees
If you work for a city, county, school district, or state agency, additional rules may apply. Many claims for money damages against a public entity require a written government claim to be presented first, generally within six months for injuries to a person (Government Code section 911.2). FEHA claims generally follow the CRD process instead, but other claims may not. Public employees should get advice early.
Other Deadlines to Watch
- Defamation, such as false statements about you to a future employer: generally one year (Code of Civil Procedure section 340).
- Intentional infliction of emotional distress: generally two years (Code of Civil Procedure section 335.1).
Why You Should Not Wait
Even when the legal deadline is years away, waiting has costs. Witnesses leave the company, memories fade, emails and video are deleted under routine retention policies, and wage claims shrink as older pay periods fall outside the limitations window. Several claims, including Labor Commissioner retaliation complaints and PAGA notices, have deadlines of a year or less. An early consultation lets an attorney identify every claim that may apply and the earliest deadline among them.
Talk to Our Torrance Office About Your Deadlines
Rastegar Law Group has represented California employees since 1991. If you work in Torrance or anywhere in the South Bay, we can review your situation and help you understand which deadlines apply. Visit us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or meet by video. Consultations are free and confidential, in English, Spanish, or Farsi, and we handle cases on a contingency fee basis. Call (310) 961-9600 or request a free case evaluation.
This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of your situation and can change when laws are amended, so consult an attorney about your case.
