Can I go back and claim overtime pay, which was not given to me as an hourly worker in the mid 1990’s?,

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Can I go back and claim overtime pay, which was not given to me as an hourly worker in the mid 1990’s?,

In reviewing old paystubs from 1995-1996, I discovered that I did not receive overtime pay from a non-exempt hourly job. The overtime pay started appearing after I had been on the job for a full year. Has too much time passed for me to go back to the company and receive the overtime pay? I have all of the paystubs with hours worked and monies received.

Asked on June 16, 2009 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is almost certainly too late. Very few claims (some child or sexual abuse ones, for example) can be brought 13 or 14 years after the fact. Sometimes there are exceptions--the statute of limitations is "tolled" or put on hold--if the plaintiff only just became aware of the problem, but that's usually the case when the *couldn't* have become aware earlier--for example, there was medical malpractice, and the problem the malpractice caused did not become evident until the patient was older or some years passed. However, here, there's no reason why you couldn't have reviewed your pay earlier (in '95, '96, or '97) and brought the claim then. So in sum, 14 years would be too long for a claim of this kind.


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