Labor Code section 1194.2 allows an employee to seek liquidated damages if (s)he was not paid minimum wage. The amount of liquidated damages is equal to the unpaid wages. In essence, this provision allows for double damages.
Claims for penalties have a one-year statute of limitations. Claims for unpaid wages have a three-year statute of limitations. Last year a court concluded that employees who sued for unpaid wages and for liquidated damages more than one year after the termination of employment could not pursue the liquidated damages claim. The claims were barred by the one-year statute of limitations. (Bain v. Tax Reducers, Inc. (2013) 219 Cal.App.4th 110.)
Three days ago the governor signed AB 2074 providing that a claim for liquidated damages can be filed at any time before the expiration of the statute of limitations on an action for wages from which the liquidated damages arose. Thus, employees can use the three-year statute of limitations for violations of statutory provisions to assert a claim for liquidated damages. An employee could also assert a wage claim, and a claim for liquidated damages using the four-year statute of limitations for unfair business practices.
Oh well. It’s only money.