Statute of Limitation for Overtime Lawsuit
What is the Statute of Limitation for Overtime lawsuits?
Answer: The deadline for filing an overtime lawsuit depends on whether the claim is filed under the FLSA or a state overtime statute.
The Fair Labor Standards Act (FLSA) is a federal law that applies to all workers in all state. The statute of limitation for filing an overtime or minimum wage lawsuit under the FLSA is 2 years. Since Texas does not have it’s own state statute on overtime, workers must use the FLSA and the 2 years statute of limitation.
3 year statute of limitations will apply where the employer has knowledge or knew that they are violating the FLSA but chose to do so anyway. Knowledge of FLSA violation could be something as simple as a prior Department of Labor audit or a prior lawsuit or previous overtime complaint by an employee.
Many States With Their Own State Statue on Overtime Have Different Deadlines
Many Other States Such as New York and California have their own state statute requiring overtime and minimum wage. In New York, the statute of limitation for filing an overtime lawsuit to recover back pay is 6 years. In California, the statute of limitation for filing a lawsuit for back pay (overtime or minimum wage) is 4 years.
Getting your employer to pay you unpaid overtime for 3 years instead of 2 years requires the services of attorneys who specifically focus on FLSA claims. If you have a question about whether you were properly paid overtime, contact Texas Overtime Lawyers for a fast, free consultation
