A statute of limitations on unpaid wages specifies the time limit within which an employee can file a claim to recover unpaid wages.

Under the Fair Labor Standards Act (“FLSA”), the federal law governing wage and hour standards, the statute of limitations for unpaid minimum wages, overtime wages, and other violations is typically two years from when the wages were due.

However, if the violation is willful, meaning the employer knowingly and intentionally violated the law, the statute of limitations may be extended to three years. It’s important to note that the FLSA sets a federal minimum standard, and some states have their own wage and hour laws with different statute of limitation provisions.

Recovering Unpaid Wages in Kansas

The Kansas Wage Payment Act is the state law governing how employers must pay employees. The deadline for filing an overtime claim in Kansas adheres to the FLSA statutes. An employee wanting to recover unpaid wages has two years from the date of the wage violation to file a claim or three years if the violation was willful.

Statute of Limitations on Unpaid Wages in Other States

Many states have wage and hour laws that may provide a longer statute of limitations periods or different requirements for filing unpaid wage claims. State laws may also vary regarding the calculation of the statute of limitations, such as whether it starts from the date the wages were due, the date of the last violation, or another trigger date. For example, California provides a four year statute of limitations on many unpaid wages claims. New York has a six year statute of limitations for such claims.

Some states may have additional requirements, such as notice periods or administrative filing procedures, that employees must follow before filing a lawsuit for unpaid wages. If employees fail to comply with these requirements, it could affect the statute of limitations or the ability to pursue the claim.

How To File An Unpaid Wage Claim?

You can pursue a private course of action for your unpaid wages. But, you can also file a claim with a local office of the Department of Labor (“DOL”). This process is generally much slower than filing a private case. Furthermore, DOL claims usually result in employees recovering less unpaid wages than when they file a private case.

• Before filing a formal claim, you can attempt to resolve the issue directly with your employer if you feel comfortable doing so.
• Collect any evidence or documentation related to your unpaid wages, such as pay stubs, time records, employment contracts, or other relevant documents.
• Consult an employment attorney immediately when you believe you are suffering from unpaid wages to maximize your recovery.

You may have grounds for an unpaid wage claim under the federal Fair Labor Standards Act and/or state wage law if:

• You are an individual who has not been paid the minimum wage.
• You have not received overtime pay, or your employer failed to include all of your different pay amounts in your overtime rate.
• You have not been paid for hours worked or were forced to work off the clock.
• You were subject to unauthorized paycheck deductions.
• Your pay was subject to uncorrected clerical or accounting errors.
• You were subject to unpaid breaks and meal periods during work time.

Wondering About The Statute of Limitations on Unpaid Wages?

You are legally entitled to compensation for your work, and you should pursue the matter if you have been a victim of illegal wage practices. We understand that you may feel overwhelmed by the intricacies surrounding the law on unpaid wages.

Employment attorneys like Rowdy Meeks Legal Group LLC can help you learn about your state’s wage laws, and how they protect your rights and assess the validity of your claim. Contact us today to learn more about the statute of limitations on unpaid wages and your rights.