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What is the statute of limitations for bringing suit against employer for refusal and failure to pay overtime hours?

Plano, TX |

My former employer owes me 720 hours of overtime. I have sent him 2 letters demanding payment. He never responded to them. Can I bring an action against him. If so, what is the statute of limitations for this type of action>

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Attorney answers 4


It is two years (or three years, depending on the circumstances) from the date you file your Complaint. If you are looking back a few years, you need to file a soon as possible. You should speak to an attorney. If you do not have an attorney, I would be happy to speak with you.


If you employer owes you unpaid overtime, yes you can file a lawsuit against the employer and possibly the individual owners or officers of the company. The statute of limitations for filing suit to recover unpaid overtime is normally two years. That means you can recover two years of unpaid overtime looking back from the date you file the suit. If you are able to prove that your employer's actions in failing to pay you overtime were "willful," then you can go back three years. Because the clock is running, you should obtain counsel to represent you and pursue your claim as soon as possible. If I can help or answer any further questions, let me know. Best of luck to you!

This information is provided as a general reference based on the limited information that was provided and should not be considered legal advice. Providing this information does not create an attorney-client relationship.


The limitations period for FLSA claims is generally two years but can be extended to three years if the refusal to pay overtime was knowing. You should speak with one of us local employment lawyers about your overtime claim.

You can learn more about FLSA wage and overtime claims on my website at


The two-year and three-year time period is addressed by the other attorneys. You may need to consider whether or not you are the only victim (generally a guilty employer underpays all the employees, not just one). If that is a possibility, you may be eligible to bring a collective action against the employer.

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