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Any way around the Statute of Limitations in an FLSA Overtime case?

Miami, FL |

For years, my friend believed that he was an Exempt employee not entitled to overtime, as his job title was "Manager" and he had some limited day-to-day managerial functions. However, a number of his co-workers (who had the exact same job) filed FLSA lawsuits and recently obtained extremely favorable settlements from the employer.

The rub is that it's now been over four years since my friend worked for this employer, and I know the Statute of Limitations on an FLSA claim is typically two years. Is there any way to get around the Statute of Limitations in this type of situation so he could still bring suit, or is he out of luck?

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Best Answer

The statute of limitation for an overtime claim is two or three years under the FLSA. Florida does not have not overtime statute, it has a regular wage amendment. There are two ways to attempt to recover (other than mentioned above). First, fraud. Did the employer tell your friend he was exempt from overtime? If so, and your friend relied upon that information to his detriment, there might be a claim for fraud. Second, if you friend was not paid for all of the hours he worked, then the Florida amendment goes back 4 or 5 years. He might not be able to collect at an overtime rate, but he can collect at a regular time rate.


Generally no

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You could look into a claim under your state's labor laws, which may have a longer statute of limitations than the FLSA.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between Orin Kurtz and/or Gardy & Notis, LLP and any reader of the answer. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


Unless there is an ongoing case against his former employer which has a tolling agreement in place to freeze the statute of limitations (this would be very rare) then I would generally say no your friend's claim is barred by the Statute of Limitations.

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