Seyfarth Shaw LLP | www.seyfarth.com Litigating CA Wage & Hour Class and PAGA Actions (23rd Edition) 217 Penalties under Labor Code §558 can be assessed for violation of certain Labor Code sections or for Wage Order violations in the amount of $50 per employee per pay period for the first violation and then $100 for every subsequent violation within the limitations period. Statute of Limitations: 1 year. Cal. Code of Civil Procedure § 340. 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).
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