What is the Statute of Limitations for Unpaid Overtime?


Workers who are eligible for overtime pay under the Fair Labor Standards Act (FLSA) must receive 1.5 times their typical wages for any extra hours worked. Overtime wages should be paid according to an employee’s typical schedule. If you have worked overtime, your payment for those hours should not be delayed.

When pay for overtime hours is delayed, this could be due to a mistake. However, your employer could illegally be avoiding paying your overtime wages. In this case, you are entitled to file an employment law claim to recover the wages you deserve.

Employment law cases, like any type of legal action, are subjected to a statute of limitations. The statute of limitations specifically for unpaid overtime claims is 2 years — it is crucial to adhere to this statute to ensure that your claim is filed on time.

What a Statute of Limitations Means for Your Case

A statute of limitations is a period of time in which a claim can be filed or a case can be brought forward. Generally, claims that are filed after a statute of limitations has run out are rejected by courts and are not able to proceed. For this reason, it is important to act quickly if you have not received overtime wages that you are entitled to.

What to Do if You Have Not Been Paid Overtime Wages

If you have not been paid overtime wages that you are entitled to, you should first speak to your employer. It’s possible that a mistake was made that can be easily fixed, and that you will receive your wages once the error is corrected.

If your unpaid wages do not appear to be the result of a mistake, or if you have contacted your employer and have seen no results, you can begin pursuing a claim. You should save all documentation you have related to the situation, including pay stubs, time cards, and the communication you had with your employer about the issue.

Then, contact Donati Law, PLLC. We are a team of attorneys who are dedicated to protecting the rights of workers. We can help you file a claim for your unpaid overtime wages and will ensure your claim adheres to the statute of limitations and other legal considerations. We will fight for the wages you have rightfully earned!

To schedule a free consultation with our lawyers, call (901) 209-5500 or send us a message.

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To discuss your case with an accomplished attorney who cares, give our firm a call at (901) 209-5500 or fill out the form below.

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