statutes of limitations for wage and hour claims refer to the time limits within which an employee must file a claim against their employer for violations related to wages and working hours. These statutes vary depending on the type of claim and the jurisdiction in which the claim is filed. Here are some common examples
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Fair Labor Standards Act (FLSA)
The FLSA is a federal law that establishes minimum wage, overtime pay, and record-keeping requirements for covered employees. Under the FLSA, the statute of limitations for wage and hour claims is generally two years from the date the violation occurred. However, if the violation was willful, the statute of limitations extends to three years.
State Laws
Many states have their own wage and hour laws that may provide additional protections to employees. These laws may have different statutes of limitations compared to the FLSA. For example, in California, the statute of limitations for wage and hour claims is generally three years for most violations, but it can be extended to four years for willful violations.
Unpaid Wages
Claims related to unpaid wages, such as failure to pay minimum wage or overtime, typically follow the statutes of limitations mentioned above. However, it’s important to note that some states may have shorter or longer time limits for specific wage violations.
Discrimination and Retaliation
In cases where wage and hour claims are also accompanied by allegations of discrimination or retaliation, employees may be able to file a claim under federal anti-discrimination laws, such as Title VII of the Civil Rights Act or the Americans with Disabilities Act. The statutes of limitations for these claims can vary, but generally, employees have 180 days to file a charge with the Equal Employment Opportunity Commission (EEOC) or 300 days if a state or local agency enforces a similar law.