What is the statue of limitations for wage underpayments?

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What is the statue of limitations for wage underpayments?

I work for a an employer as an hourly employee and was told not to charge more than 40 hours but my job requires me to work 50 to 60. I am required to file 2 separate time sheets. One for 40 and one for actual hours. This has been going on for over 3 years and I am scared to say anything for fear of losing my job.

Asked on May 18, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The statute of limitations for violations of the Fair Labor Standards Act (FLSA) is two years, unless the violation is willful, or deliberate, in which case I believe it is three years. That means that any underpayment which is more than three years old is something you could not bring an action for--though you should be able to seek recovery of amounts (including overtime) which you should have been paid within the three years of when you file a legal action.


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