Interactive · Statute of Limitations Calculator
Maps the PAGA lookback versus underlying SOL for each violation. Visual timeline identifies where plaintiff has overstated the penalty-recoverable period.
Lookback Period Timeline
4 years before notice
3 years
2 years
1 year
Notice
| Violation | PAGA Start | Underlying SOL | UCL Start | Notes |
|---|
§ 226.7
Meal/Rest Premiums | 03/18/2025 | 03/18/2023 (3yr) | 03/18/2022 | Premium is a 'wage' (Murphy) — 3-year SOL. PAGA penalty limited to 1-year lookback. |
§ 510
Overtime | 03/18/2025 | 03/18/2023 (3yr) | 03/18/2022 | Unpaid OT is wages with 3-year SOL. PAGA penalty lookback is 1 year. |
§ 226(a)
Wage Statements | 03/18/2025 | 03/18/2025 (1yr) | 03/18/2022 | Both PAGA and underlying SOL are 1 year. UCL extends to 4. |
§ 203
Waiting Time | 03/18/2025 | 03/18/2025 (1yr) | N/A | Penalty, not wage. 1-year lookback. No UCL claim available. |
§ 2802
Expense Reimb. | 03/18/2025 | 03/18/2023 (3yr) | 03/18/2022 | 3-year SOL for underlying claim. PAGA penalty lookback is 1 year. |
§ 1197.1
Minimum Wage | 03/18/2025 | 03/18/2023 (3yr) | 03/18/2022 | Specific penalty: $100/$250. Underlying wage claim has 3-year SOL. |
§ 201/202
Final Pay | 03/18/2025 | 03/18/2023 (3yr) | 03/18/2022 | Underlying obligation has 3-year SOL. PAGA penalty lookback is 1 year. |
§ 2751
Commission Agmt. | 03/18/2025 | 03/18/2023 (3yr) | 03/18/2022 | Written commission agreement requirement. 3-year underlying SOL. |
Plaintiff Overstatement Risk
For violations with 3-year underlying SOL, using that SOL for PAGA penalties:
67%
of their penalty demand covers non-PAGA periods
6 of 8 violations have longer underlying SOL
Defense Reduction Opportunity
Correcting the lookback period in a 3-year demand:
~67%
penalty exposure reduction
Does not apply to § 226(a) or § 203 (1-year underlying SOL)
Strategic Analysis: PAGA vs. Class Action Lookback
This is where PAGA and class action defense diverge most sharply. In a class action, the 3-year (or 4-year UCL) statute of limitations controls the damages period — every overtime underpayment, every missed meal premium, and every unreimbursed expense going back 3-4 years is potentially recoverable as wages. In a PAGA action, the penalty exposure is limited to one year — but plaintiff's counsel routinely conflates the two, demanding PAGA penalties for the full 3-4 year period.
The defense opportunity: when you receive a PAGA demand that calculates penalties across a 3-year period, respond with this analysis. Strip every penalty calculation back to the one-year PAGA period. The wage claims for years 2-3 survive as direct claims or UCL claims — but the per-employee-per-pay-period penalties (which are the bulk of PAGA exposure) apply only to the most recent year. On a typical 3-year demand, this correction alone reduces the penalty component by approximately 67%.
When both tracks are pending: the class action damages cover 3 years of wages; the PAGA action covers 1 year of penalties. The exposure model must calculate these separately. A common defense error is presenting a single blended number that understates the wage damages while overstating the PAGA penalties. Separate the calculations to give the carrier an accurate picture of both tracks — and to identify which track drives the settlement value.
Read the AnalysisRecoverable vs. Non-Recoverable Penalties Under PAGA — see PAGA lookback vs. underlying SOL distinction →
For illustrative purposes only. Lab. Code § 2699(d) (1-year PAGA period); CCP § 338(a) (3-year wage claims); Bus. & Prof. Code § 17208 (4-year UCL). Tolling, equitable estoppel, and continuing violation theories may extend applicable periods.