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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Wage and Hour Claims Under the FLSA

United States (federal and general)Last reviewed 18 September 2026

Claims for unpaid minimum wage or overtime under the Fair Labor Standards Act must generally be brought within two years of the violation, or three years if the employer's violation was willful. Because each missed payment can start its own clock, older wages can be lost the longer you wait.

The Time Limits

Direct Answer: Under 29 U.S.C. § 255, a claim for unpaid minimum wages, overtime or liquidated damages under the FLSA may be started within two years after the cause of action accrued, or three years for a willful violation.

A cause of action generally arises each payday that wages are wrongly withheld, so the oldest unpaid wages fall outside the window first. Whether a violation was willful is a question of fact, and you will need evidence that the employer knew or showed reckless disregard for the law.

State Wage Laws

Many states have their own wage laws, sometimes with longer deadlines, higher minimum wages or additional penalties, and a claim can often be brought under both. Check the law of the state where you work, since it may be more favourable than the federal one.

Building Your Case

Keep pay stubs, schedules, timesheets, messages about hours and any records of unrecorded work. If the employer failed to keep proper records, that can itself matter to how hours are proved. Speak to an employment attorney soon, because each week's delay can cost you unpaid wages.

Frequently Asked Questions

How long do I have to bring an FLSA claim?

Generally two years, or three years for a willful violation, counted from when each violation occurred.

What counts as willful?

Where the employer knew its conduct violated the law or showed reckless disregard. It is a fact-based question.

What can I recover?

Unpaid minimum wage or overtime, and liquidated damages, subject to the statute and court decisions on the facts.

Can I also claim under state law?

Often yes. State wage laws may have longer deadlines or additional remedies, so check both.

What records should I keep?

Pay stubs, schedules, timesheets and messages that show hours worked and what you were paid.

Can I get a wage and hour lawyer without paying upfront?

Often, yes. Many attorneys handling these cases work on contingency or fee-shifting arrangements, so you pay no hourly fees upfront, but the terms and the treatment of case costs are set out in a written agreement. Read it before you sign and ask how costs are handled.

You May Also Be Interested In

Employment Law

Workplace claims

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EEOC Charge Deadlines

Discrimination claim deadlines

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Class Action

Group claims

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Statute of Limitations

Filing deadlines by state

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Alternative Fee Arrangements

Fee structures beyond contingency

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 29 U.S.C. § 255 — Limitations for FLSA claims

    Fair Labor Standards Act claims must generally be commenced within two years of accrual, or three years for a willful violation.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.