How many years back pay am I entitled to? Employer keeps referring me to FL95-11

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How many years back pay am I entitled to? Employer keeps referring me to FL95-11

WI was underpaid for $2.20 an hour for the last 10 years at a part-time position. I contend that I am entitled to the wages since the start of employment 10 years ago. My employer says that they will only compensate for the last 2 years. This despite the fact that it was a clerical error on their part that coded me as a different pay grade. They keep referring me to FL 95-11 on the statute of limitations stipulating 2 years. Is this a statute of limitations on how long I have to bring a suit or is it a limitation on liability for damages?

We’re talking a difference of about 10,000 being kept from me.

Asked on November 21, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The statute of limitations is both a limit on how long you have to file a lawsuit and effectively a limitation on liability. Because the statute of limitations is 2 years, you can only sue for losses which you suffered (e.g. amounts not paid) within 2 years of when you file the suit. Your employer is correct.


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