Statute of Limitations for Wage and Hour Violations

Summary: Wage and hour violations can happen to anyone, and you can seek compensation from your employer if they engage in these illegal activities against you. However, failing to start a case by the statute of limitations can forfeit your right to compensation. Contact an attorney today for further guidance about your legal rights.

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Wage and hour disputes are rampant for employees across many industries. However, it is important to understand that both state as well as federal laws establish a statute of limitations that creates a deadline for filing claims for wage and hour violations.

Timely action on these claims is crucial to pursue the most favorable outcome. An experienced wage and hour attorney can help you navigate the complexity of these claims and pursue all solutions to secure the full compensation you deserve, whether through negotiation or litigation.

Understanding the Statute of Limitations for Wage and Hour Violations

Both state and federal law establishes the statute of limitations for wage and hour violations. The statute of limitations refers to the final date by which a claim for compensation stemming from an alleged employer violation can be filed, or else the employee can lose their right to recover compensation. Under the Fair Labor Standards Act (FLSA):

• A two-year statute of limitations applies to wage and hour violations that were not intentionally committed by the employer
• In cases involving willful wage theft and other forms of employer misconduct, the employee can have three years to file a claim before the statute of limitations runs out

Occasionally, exceptions in these cases can prolong or delay an employee’s ability to file a case. For example, if the company takes steps to conceal its illegal actions and the employee could not have reasonably discovered the wage violation by the statute of limitations, their case could allow for an extension. A qualified lawyer can provide specific guidance about a suspected wage and hour violation to ensure time limitations are not a bar to recovering compensation.

Common Ways Employers Engage in Wage and Hour Violations

Whether the issue involves employee misclassification, unpaid overtime, failure to pay minimum wage, or other wage and hour violations, employees have the legal right to hold their employer accountable when they break the law. Employee misclassification is a common tactic that employers use to avoid paying overtime, benefits, or payroll taxes.

For example, a company might misclassify a non-exempt worker as exempt so they do not have to pay them time-and-a-half when the worker exceeds 40 hours in a workweek. Failure to pay for work breaks like meals or rest periods is also illegal and can constitute a wage and hour violation.

Additional actions that can give rise to a successful claim for wage theft include:

• Keeping inaccurate records
• Severance pay violations
• Not paying commissions
• Illegal wage deductions
• Depriving workers of holiday leave, voting leave, or jury duty leave

Compensation in cases filed by the appropriate statute of limitations for wage and hour violations could include liquidated (double) damages, back pay, attorneys’ fees, and even punitive damages.

A Wage and Hour Violations Attorney Can Explain the Statute of Limitations and Take Legal Action

Wage and hour violations can be complex and stressful, but a seasoned attorney can help you understand your rights while providing the knowledge and support needed to effectively address the issue. An overtime pay lawyer can handle all aspects of your case, from filing a legal claim by the appropriate statute of limitations for wage and hour violations to working tirelessly to secure a fair settlement.

In addition to starting a case before the legal deadline, it is vital to preserve any information you have that could support your claim—such as:

• Pay records
• Time sheets
• Contracts
• Communications

A dedicated legal professional can help you collect and organize this information to build a robust case. Do not hesitate to fill out our contact form or start a chat with us to begin your free and confidential review.