Is there a Statute of Limitations for Unpaid Overtime in Florida?
In Florida, non-exempt workers must be paid overtime pay for overtime hours (more than 40 in a week). Overtime pay in Florida is governed by the federal Fair Labor Standards Act (FLSA). Were you denied the overtime pay you earned? You have the right to bring a wage and hour claim to seek compensation for your damages. These are time-sensitive legal cases. There is a statute of limitations for overtime claims in Florida. Most claims are subject to a two-year deadline. Though, there is a three-year deadline for willful violations. In this article, you will find an overview of the key things to know about the statute of limitations for an unpaid overtime claim in Florida.
Florida Follows Federal Law for Overtime Pay
As a starting point, it is important to understand that Florida does not have a separate overtime rule, it follows federal law for overtime pay regulations. An employee who is entitled to receive overtime pay has his or her rights protected by the federal law under the FLSA.
Standard Overtime Claims: Two Year Statute of Limitations
The statute of limitations for an unpaid overtime claim is established by the Portal-to-Portal Act. That law applies to claims brought under FLSA. An employee generally must commence an action within two years after the overtime claim accrues. Because Florida does not have a separate generally applicable state overtime statute, most private-sector overtime claims brought by Florida employees are governed by this federal deadline.
A One Year Extension is Possible for Willful Violations
The unpaid overtime statute of limitations can extend from two years to three years when the employer’s violation was willful. Notably, willfulness requires more than proof that the employer miscalculated overtime, misclassified an employee, or otherwise acted unreasonably. The employee must establish that the employer knew its conduct violated the FLSA or acted with reckless disregard as to whether its compensation practices complied with the law. To be clear, mere negligence is insufficient. Willfulness is a higher bar that must be cleared.
Each Unpaid Pay Period May Create a Separate Claim
An overtime claim generally accrues when the employer fails to pay the required compensation on the employee’s regular payday. Of course, it is relatively unusual for a worker to have an unpaid overtime claim that involves an error on a single paycheck. It is more common for many pay periods to be impacted by similar violations. When underpayment continues across multiple pay periods, each deficient payment may constitute a separate FLSA violation with its own accrual date.
In other words, an employee may still recover compensation attributable to pay periods within the applicable two- or three-year window even when earlier underpayments are time-barred. The limitations period generally does not wait until the employment relationship ends, the employee discovers the legal violation, or the employer formally denies a demand for payment.
Get Help From a Florida Unpaid Overtime Lawyer
Employment law is complicated. Knowing what to do can make a big difference. If you were subject to an overtime law violation, it is crucial that you take proactive steps to protect your rights. Contact a Florida wage and hour attorney to set up a confidential initial consultation.
