How long do I have to file an FLSA unpaid-wage or overtime claim?
2 years (3 years if willful)
Governing law: 29 U.S.C. § 255(a). Verified: 2026-06-22. This is federal law — the same deadline applies in every state.
What this means
Federal minimum-wage and overtime claims under the Fair Labor Standards Act must be filed within 2 years of the unpaid payday — or 3 years if the employer's violation was 'willful.' Each underpaid paycheck can be its own violation, so the recoverable window typically rolls back 2–3 years from the filing date.
Important detail
State wage-and-hour laws often allow a LONGER recovery window than the FLSA, so a state wage claim may still be viable after the federal one expires.
Don't risk your deadline
Missing the statute of limitations usually ends your case permanently. Talk to a flsa unpaid wages overtime attorney—most offer a free consultation.
Not legal advice. This page is informational only and is not a substitute for advice from a licensed attorney. Statutes of limitations are subject to many exceptions — tolling, the discovery rule, minority (under-18) and incapacity rules, government notice-of-claim deadlines (often far shorter), and statutes of repose — any of which can shorten or lengthen the deadline in your specific case. The governing statute citation and the date it was verified are shown above so you can confirm the current text yourself. Never rely on this page to decide whether you can or cannot sue. Consult a licensed attorney in your state before your deadline.