216 Litigating CA Wage & Hour Class and PAGA Actions (23rd Edition) Seyfarth Shaw LLP | www.seyfarth.com Does UCL extend the Statute of Limitations? No. Labor Code penalties are not recoverable under the UCL because they do not constitute restitution. See Pineda v. Bank of America, 50 Cal. 4th 1389, 1401-02 (2010) (Labor Code section 203 waiting time penalties are not recoverable under the UCL). 6. Unlawful Business Practice under the Unfair Competition Law Statutory Provision: Bus. & Prof. Code § 17200, et seq. Statute of Limitations: 4 years. A plaintiff gains an advantage by joining a UCL claim to a wage and hour suit, because a companion UCL claim effectively expands the statute of limitations on a Labor Code wage claim from three years to four years, the length of the UCL’s statute of limitations. See Cortez v. Purolator Air Filtration Prods. Co., 23 Cal. 4th 163, 179 (2000). However, Labor Code penalties are not recoverable under the UCL, because they do not constitute restitution. See Pineda v. Bank of America, 50 Cal. 4th 1389, 1401-02 (2010) (Labor Code section 203 waiting time penalties are not recoverable under the UCL). 7. Reimbursement of Expenses Statutory Provision: Labor Code § 2802. Labor Code § 2802 requires an employer to indemnify its employees for all necessary expenditures incurred in the course of employment. Cassady v. Morgan, Lewis & Bockius LLP, 145 Cal. App. 4th 220, 230 (2006). Statute of Limitations: 3 years. Cal. Code Civ. Proc. § 338(a). The three-year statute of limitations period begins the date the employee incurs the particular expense. Does UCL extend the Statute of Limitations? Yes. Espejo v. The Copley Press, Inc., 13 Cal. App. 5th 329, 367-68 (2017). 8. Failure to Provide Timely Records and Inspection Statutory Provision: Labor Code § 1198.5. Current and former employees have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance. The inspections must be permitted no later than 30 days after a request is made. Employers who fail to permit a current or former employee to timely inspect or obtain a copy of personnel records are subject to a $750 penalty. Statute of Limitations: 1 year. Cal. Code of Civil Procedure § 340. Employers must maintain a copy of each employee’s personnel records for at least three years after termination of employment. Does UCL extend the Statute of Limitations? No. Labor Code penalties are not recoverable under the UCL because they do not constitute restitution. See Pineda v. Bank of America, 50 Cal. 4th 1389, 1401-02 (2010) (Labor Code section 203 waiting time penalties are not recoverable under the UCL). 9. Violation of Wage Orders and Certain Labor Code sections Statutory Provision: Labor Code § 558.
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