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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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How far i can ask my employeer to pay for my earned unpaid

Resolved Question:

How far i can ask my employeer to pay for my earned unpaid vacation? is it up to three years back or it is three years from filling with the labor commissiner? is statue of limitation ( jurisdiction) apply to the un-used vacation?
is emplyment cotract is the guide the commissiner will follow or the state general labor law . does the commissiner has any jurisdiction?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Vacation pay is subject to a two-year statute of limitations, if the agreement is oral, and a four-year statute of limitations if the agreement/policy is in writing. Church v. Jamison (2006) 143 Cal.App.4th 1568, 1577, 50 Cal.Rptr.3d 166, 171.

An written employment handbook is the same as a written agreement (four years).

The Division of Labor Standards Enforcement will follow the above-described law.

Hope this helps.

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