California employment claim deadlines: CRD, EEOC and the Labor Code

Facts to collect at intake

Civil Rights Department (FEHA): the filing period

A complaint alleging a violation of the employment provisions of the Fair Employment and Housing Act (Article 1, starting at Gov. Code § 12940) may not be filed after three years from the date the unlawful practice occurred (Gov. Code § 12960, subd. (e)(5)). Filing an intake form counts as filing, and the verified complaint relates back to it (subd. (b)). CRD's own page says the intake form is due within three years of the date the person was last harmed (CRD complaint process).

The three years can be extended in listed cases (subd. (e)(6)), including up to 90 days when the person first learned the facts in the 90 days after the period ended, and up to one year after a minor reaches the age of majority. A 2025 amendment, effective January 1, 2026, added subdivision (f), which tolls the time to file a civil action under the statutes listed in the section while a CRD complaint is pending, until the department sues or one year after it gives notice that it closed the investigation. The attorney decides how that applies.

Civil Rights Department: the right-to-sue notice and one year to sue

CRD's page says that in employment cases a person must get a right-to-sue notice from CRD before filing their own lawsuit, and that the lawsuit period is stated in the notice of case closure (CRD complaint process). Section 12965 was also amended by the 2025 law effective January 1, 2026, so older checklists may cite different subdivision numbers.

Under Gov. Code § 12965:

• If the department has not brought its own civil action within 150 days, or decides earlier not to, it must tell the person it will issue a right-to-sue notice on request. Without a request, it issues the notice when its investigation ends, not later than one year after the complaint was filed (subd. (c)(1)).
• The notice states that a civil action may be brought within one year from the date of the notice (subd. (c)(1)(D)). Log the date printed on the notice, not the date it arrived.
• Those periods are tolled during CRD dispute resolution, by a written agreement with the department, and during a timely internal appeal of a closure (subd. (c)(1)(F)).
• When a charge is filed with both the EEOC and CRD and handled as subdivision (e) or (f) describes, the one year may be extended to the end of the federal right-to-sue period, whichever is later (subds. (e) and (f)).

EEOC (federal claims)

A charge must be filed within 180 days after the unlawful practice. In a case where the person first instituted proceedings with a state or local agency that has authority over the practice, the period is 300 days, or 30 days after the agency ends its proceedings, whichever is earlier (42 U.S.C. § 2000e-5(e)(1)). After the EEOC gives notice, a civil action may be brought within 90 days (§ 2000e-5(f)(1)).

The EEOC explains that weekends and holidays count, with a period that ends on a weekend or holiday moving to the next business day; that age charges get 300 days only where a state law and state agency cover age; and that Equal Pay Act claims do not require a charge (EEOC time limits).

Dual filing. A charge filed with a state agency that has a worksharing agreement with the EEOC is usually shared with the EEOC, and the reverse is also true; one agency ordinarily keeps the charge (EEOC on dual filing). Do not assume a charge was dual filed. Confirm it in writing from the agency and save that confirmation to the file.

Labor Commissioner: retaliation complaints

A person who believes they were discharged or discriminated against in violation of a law under the Labor Commissioner's jurisdiction may file a complaint within one year after the violation, and the year may be extended for good cause (Lab. Code § 98.7, subd. (a)(1)). For workplace safety retaliation under Labor Code §§ 6310 and 6311, the Labor Commissioner must tell the person about a separate federal complaint within 30 days (same subdivision). Any time to sue is tolled from the filing of the complaint until the Labor Commissioner's determination (subd. (d)(1)).

The Labor Commissioner's FAQ lists exceptions, including two years for pay discrimination under Labor Code § 1197.5 and 90 days for retaliation related to child care facility reports (DIR retaliation FAQ).

PAGA notice

Before a civil action under the Private Attorneys General Act, notice comes first (Lab. Code § 2699.3, operative October 1, 2024, last amended effective January 1, 2026):

• The employee or representative gives written notice by online filing with the LWDA and by certified mail to the employer, stating the specific Labor Code provisions and the facts and theories (subd. (a)(1)(A) and (c)(1)(A)).
• The notice and any employer response each carry a $75 filing fee, which can be waived (subd. (a)(1)(B)). The LWDA PAGA page says all PAGA documents are filed online.
• The LWDA has 60 calendar days from the postmark to say it will not investigate. If no notice comes within 65 calendar days, the employee may file suit. If it will investigate, it has 120 days from that decision (subd. (a)(2)).
• An employer with fewer than 100 employees may submit a cure proposal within 33 days of receiving the notice (subd. (c)(2)).
• Health and safety violations under Division 5 go to Cal/OSHA instead, with a copy to the LWDA (subd. (b)).
• These periods are not counted as part of the time to bring the action (subd. (e)).

The time limit behind a PAGA claim

The act defines an aggrieved employee by reference to the period in Code of Civil Procedure § 340 (Lab. Code § 2699, subd. (c)(1)), which gives one year for an action upon a statute for a penalty (Code Civ. Proc. § 340, subd. (a)). Have the attorney set the date.

These time limits interact

A CRD complaint, an EEOC charge, a Labor Commissioner complaint and a PAGA notice can all arise from one set of facts. Dual filing, worksharing, tolling while an agency acts, and the waiting periods can lengthen or shorten each one. Check each claim on its own, write down which rule sets each date, and have the responsible attorney confirm every date.

In Brennick, each agency letter and its date is a cited event on the case timeline, and the statute of limitations date your attorney enters goes on the firm's connected calendar.