Adolfo Hernandez, Rogelio Flores-Escobar, Francisco Silva-Garcia, Martin Perez-Medel, Gustavo Arellano-Olmos, Luis…

Summary

The court held that a terminated employee may seek previously earned wages or compensation that remained unpaid at termination under section 109, but those claims remain subject to the Act’s statute of limitations. The limitations period begins when each wage payment first became due and payable, not when employment ended, limiting claims generally to the two years preceding termination or three years for willful violations. The court answered the certified question in the negative and returned the case for further proceedings.