Overtime Pay Violations Occur Each Time You Receive A Paycheck Without The Pay You Deserve
Many employees wonder, “If I’m denied overtime, how long do I have to file a lawsuit?”
The general rule regarding the amount of time you have to file a lawsuit under the FLSA, which protects your right to minimum wages and overtime pay, is that you have 2 years to file a suit for back wages, or 3 years where the violation is considered “willful.”
If you are considering filing a lawsuit, an important rule to remember is that a violation of federal wage and overtime law occurs each time you receive a new paycheck that does not include the pay you deserve.
In Figueroa v. District of Columbia Metropolitan Police Department, the D.C. Circuit Court of Appeals relied on this rule to find that a group of police officers could file a lawsuit for overtime even though the decision denying them overtime pay took place more than 3 years before the lawsuit was filed. The court explained, [b]ecause each violation gives rise to a new cause of action, each failure to pay overtime begins a new statute of limitations period as to that particular event.”
In order to avoid missing any crucial deadlines, it is always best to consult with an experienced Atlanta employment lawyer if you believe you have not received all the overtime compensation you are entitled to.
At Buckley & Klein LLP, our Georgia employee’s rights lawyers have years of experience helping worker’s obtain the pay they deserve. For more information, please contact our law office today to schedule a consultation.
