Know the Statute of Limitation for an Unpaid Overtime Claim in Florida
Florida does not have its own state-level overtime law. Instead, it follows the standard set by the Fair Labor Standards Act (FLSA). Under the FLSA, an employer can be held liable for overtime violations. However, an employee must initiate a claim in a timely manner. The statute of limitations is two years. Though, it can be extended to three years if the violation is deemed “willful.” In this article, you will find an overview of the statute of limitations for unpaid overtime in Florida.
Know the Basics of Overtime Law in Florida (FLSA)
As noted, Florida does not have a separate overtime statute. Some states do, but Florida relies entirely on federal law. The key statute is the Fair Labor Standards Act (FLSA). More specifically, the overtime requirement appears in 29 U.S.C. Section 207. A non-exempt employee must receive one and one-half times his or her regular rate of pay for all hours worked over forty in a workweek. The two key issues in overtime cases are:
- Was the employee properly classified (exempt or non-exempt); and
- How many hours did an employee actually work in a given week?
There is a Two Year Statute of Limitations for Unpaid Overtime Claims
The statute of limitations for unpaid overtime claims is two years. An employee in Florida may recover unpaid overtime that accrued within the two years preceding the filing of the complaint. When you file matters because the filing date controls the look-back window. The claim does not capture earlier weeks of unpaid overtime unless a (limited) exception applies. In other words, each employee paycheck that omits required overtime can lead to liability for that week, but recovery remains limited to the statutory period. Weeks fall outside the window and become unrecoverable. In collective actions, opt-in plaintiffs preserve their claims when they file written consent with the court to join the wage and hour claim.
The Bottom Line: When you bring an unpaid overtime claim, you have the right to seek damages for unpaid overtime within the last two years before legal action was taken. A proactive approach is a must for employees who were not properly paid their overtime wages.
An Exception: Willful Violations (Three Year Statute of Limitations)
There is a big exception to the statute of limitations for unpaid overtime claims. The statute of limitations is extended to three years for “willful” violations. . The standard comes from Supreme Court precedent and requires more than negligence. Evidence may include prior complaints, Department of Labor investigations, internal audits identifying overtime exposure, or policies that direct off-the-clock work. Repeated failure to pay overtime after notice can also support willfulness.
Get Help From a Florida Overtime Law Attorney
Unpaid overtime claims are complicated. They are also time-sensitive legal cases. A proactive approach is the right approach. If you have any questions about the statute of limitations in an unpaid overtime case, an experienced Florida wage and hour lawyer can help.
