When do I have to file my claim?

A: Under the Fair Labor Standards Act, you have up to two years from the week of the overtime or minimum wage violation to file a claim against your employer. If you can prove that your employer violated the law willfully, then you have up to three years.  Therefore, it's important to take action immediately. Keep in mind that even if you've lose certain weeks of your claim, you may still be entitled to recovery back pay for other weeks. For example, let's assume an employee worked from January 1, 2005 until January 1, 2011 (five years total) and files his claim on February 1, 2011.  His claim covers the period from February 1, 2009 until January 1, 2011 (two years back from the file date). Or if the violation is willful, the claim covers the period from February 1, 2008 until January 1, 2011 (three years back from the file date).  He cannot recovery any back pay from January 1, 2005 until February 1, 2008.