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Overtime claim deadlines: how far back can you recover?

By the OvertimeClaims editorial team · Updated · General information, not legal advice

Key points

  • The FLSA allows recovery for 2 years, or 3 years for willful violations.
  • The deadline runs separately from each payday, so older weeks drop off over time.
  • Some state laws allow longer look-back periods.

The federal rule

Under the FLSA, a claim for unpaid overtime must generally be brought within 2 years of the violation, or 3 years if the employer's violation was willful, meaning it knew or showed reckless disregard for whether its conduct broke the law.

Why waiting costs money

Each paycheck that shorted you is its own violation with its own deadline. If you worked unpaid overtime for four years, a claim filed today can typically reach only the most recent two or three years. Every week you wait, another week of potential recovery can fall off the back end.

Does a WHD complaint stop the clock?

Filing a complaint with the Wage and Hour Division doesn't by itself stop the statute of limitations on a private lawsuit. In a private FLSA case, the clock generally runs until a lawsuit is filed, and in a collective action until each worker files a written consent to join. If you're close to a deadline, speak with a lawyer promptly.

State law can be longer

Some states provide longer recovery periods and additional damages under their own wage laws. If you work in a state with its own overtime statute, ask your state labor department or a local employment lawyer what applies.

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