How long do I have to file a lawsuit for unpaid wages and overtime?

The FLSA provides for a two-year statute of limitations for employees to seek payment for unpaid minimum wages and overtime pay (extended three years if the employer willfully violated the FLSA). This means that once the lawsuit is filed, the employee can “look back” for two (2) years (and up the three (3) years for willful actions). 

The statute of limitations prevents the employee from recovering unpaid wages for the period greater than (2) years before the date that the Complaint was filed (and up the three (3) years for willful actions).  As such, if your employer did not pay you at least the minimum wage for every hour that you worked or did not pay you overtime, you need to speak with a wage and hour attorney immediately to protect your rights.