What are the time limits on FLSA suits?
The FLSA normally permits recovery for work performed beginning two years before a complaint is filed in court (and continuing “forward” until the case is resolved). Recovery for this period is essentially on a “no fault” basis. An additional year’s recovery period is permitted if the employer “knew” that its employment and pay practices violated the FLSA, but “disregarded” these obligations. “Third year” cases are rare, but not unheard of. Nothing but the filing of a legal complaint in court “stops the clock.” (A complaint to the employer, or the Department of Labor, does not “toll” the FLSA statute of limitations.
A. The FLSA normally permits recovery for work performed beginning two years before a complaint is filed in court (and continuing “forward” until the case is resolved). Recovery for this period is essentially on a “no fault” basis. An additional year’s recovery period is permitted if the employer “knew” that its employment and pay practices violated the FLSA, but “disregarded” these obligations. “Third year” cases are rare, but not unheard of. Nothing but the filing of a legal complaint in court “stops the clock.” (A complaint to the employer, or the Department of Labor, does not “toll” the FLSA statute of limitations.
