Aubry

Plaintiff appeals from judgment of dismissal entered after the trial court sustained defendants’ demurrer to the complaint without leave to amend on the ground plaintiff’s action is barred by the statute of limitations.

Facts

Plaintiff, Labor Commissioner of the State of California, sued the former employers of one Craig Allen to recover overtime wages due Allen and a statutory penalty for failure to pay such wages on termination of Allen’s employment. The complaint, filed February 9, 1987, contained two causes of action. The first cause of action alleged: At all times mentioned defendants were subject to the minimum wage laws of the State of California and orders of the state’s Industrial Welfare Commission promulgated by the commission pursuant to the authority vested in it by Labor Code sections 1171 through 1204 and California Constitution, article XIV, section 1. Pursuant to an oral agreement, defendants employed Craig Allen from February 6, 1982, to April 20, 1984. During said period Commission Order No. 7-80, regulating wages, hours and working conditions in the mercantile industry, was in full force and effect. Defendants violated said order by refusing to pay…