§ 354.7.Bracero For Claim Arising Out of Failure to Pay Over Savings Amounts

Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 2002 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 354.7 lets Bracero program participants and their heirs or beneficiaries sue over unpaid savings fund amounts withheld from their wages, so long as the action was filed on or before December 31, 2005.

Full Text of § 354.7

Text sizeJump to: (a) (b) (c) (d)

(a) The following definitions govern the construction of this section:

(1) "Bracero" means any person who participated in the labor importation program known as the Bracero program between January 1, 1942, and January 1, 1950, pursuant to agreements between the United States and Mexico.

(2) "Savings fund" means funds withheld from the wages of braceros as savings to be paid to braceros upon their return to Mexico.

(b) Notwithstanding any other provision of law, any bracero, or heir or beneficiary of a bracero, who has a claim arising out of a failure to pay or turn over savings fund amounts may bring a legal action or may continue a pending legal action to recover on that claim in any court of competent jurisdiction in this state, which court shall be deemed a proper forum for that action until its completion or resolution.

(c) Notwithstanding any other provision of law, any action brought by a bracero, or heir or beneficiary of a bracero, arising out of a failure to pay or turn over savings fund amounts shall not be dismissed for failure to comply with the otherwise applicable statute of limitations, provided the action is filed on or before December 31, 2005.

(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

End

Plain-English Summary

Section 354.7 covers the Bracero labor importation program that ran between the United States and Mexico from 1942 to 1950. Wages earned under that program were subject to withholding into a savings fund meant to be paid to participants when they returned to Mexico. This section lets a bracero, or an heir or beneficiary of a bracero, sue over a failure to pay or turn over those savings fund amounts.

The ordinary statute of limitations does not bar the claim, provided the action was filed on or before December 31, 2005 — the earliest of the outside filing deadlines set among this chapter's historical-claims provisions. The section is also severable.

Frequently Asked Questions

Can former Bracero workers or their heirs sue over withheld wages in California?

Yes, if the action was filed on or before December 31, 2005. Section 354.7 lets braceros and their heirs or beneficiaries sue over a failure to pay or turn over savings fund amounts withheld from Bracero program wages.

What was the Bracero savings fund?

Under § 354.7, it was a fund of wages withheld from braceros between 1942 and 1950 that was supposed to be paid to them upon their return to Mexico.

Amendment History

Added by Stats 2002 ch 1070 (AB 2913),s 2, eff. 9/29/2002.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: bracero program savings lawsuit californiabracero withheld wages claim deadline