As a Texas attorney representing workers in wage and hour disputes, I frequently get asked about the statute of limitations for recovering back wages. It’s a crucial question because it determines how far back you can go to claim your rightfully earned money. While Texas doesn’t have a specific overtime pay statute, it relies on the federal Fair Labor Standards Act (FLSA). This blog post will break down the relevant time limits you need to know.
Understanding the FLSA and Its Importance in Texas
The FLSA is the federal law establishing minimum wage and overtime pay requirements. Since Texas doesn’t have its own state-specific overtime laws, the FLSA governs these claims in the Lone Star State. This means that if your employer failed to pay you the minimum wage or properly calculate your overtime, you can pursue legal action under the FLSA.
The General Rule: Two Years
Generally, the FLSA provides a two-year statute of limitations for recovering unpaid back wages and an equal amount in liquidated damages. This means you can typically recover unpaid wages for the two years preceding the date you file your lawsuit. Liquidated damages may also be recovered. Liquidated damages are an additional amount equal to your back pay, effectively doubling your potential recovery. This serves as a strong deterrent against wage violations.
The Exception: Willful Violations – Three Years
There’s an important exception to this two-year rule. If your employer’s violation of the FLSA was willful, the statute of limitations extends to three years. A “willful” violation means the employer knew their conduct was illegal or showed reckless disregard for whether it was legal. Proving willfulness can be challenging, but it’s important because it allows a claimant to recover an additional year’s worth of back wages.
Why is the Statute of Limitations So Important?
The statute of limitations is a strict deadline. If you wait too long to file your lawsuit, you may lose your right to recover some or all of the back wages you are owed. This is why it’s critical to consult with an experienced employment attorney when you suspect a wage and hour violation.
Don’t Delay – Act Now!
If you believe you have been denied minimum wage or overtime pay, don’t wait. Contact my office today for a free consultation. As a Texas attorney with extensive experience in wage and hour litigation, I can help you understand your rights and pursue the compensation you deserve. Protecting your hard-earned wages is my priority.
If you believe you’ve been denied overtime pay, contact me today to learn about your rights and options. Consultations are free, and there is no fee unless you recover. Call us at 817.908.9861, email me here or use this contact form for a free consultation.