How Far Back Can You Claim Unpaid Wages?

If your paycheck doesn’t match the hours you worked, you don’t have to just accept it. Whether unpaid overtime, missing hours, or paychecks arriving late, you have the right to pursue the wages you’ve earned. The law sets strict time limits for filing these claims, but some exceptions may give you more time.

Understanding the Standard Time Limits

The Fair Labor Standards Act (FLSA) sets the general deadlines for recovering unpaid wages. In most cases, you can look back two years from the date you file your claim.

However, if your employer’s violation was willful—meaning they knew or should have known they were breaking the law—the lookback period extends to three years. Courts don’t automatically hand out that extra year; you must show evidence of intentional wrongdoing.

These timelines apply to claims like:

• Unpaid overtime.
• Minimum wage violations.
• Misclassified employees denied proper pay.

The clock doesn’t stop running while you wait. That’s why acting quickly is critical.

Staggered Pay Dates and Missed Overtime

Pay issues aren’t always clear-cut. Employers sometimes stagger pay dates, leaving workers wondering if they can claim older wages. The rule of thumb: the clock starts when the wages were due, not when you notice the problem.

For example, if you worked overtime in June but didn’t get paid correctly on your July paycheck, the statute of limitations begins in July. Each missed paycheck creates its own deadline. That means a pattern of missed overtime can lead to multiple overlapping claims.

This matters because waiting too long could erase part of your recovery. Even if you catch the problem years later, you may only recover the wages that fall within the two- or three-year window.

When Time Limits May Pause

In some cases, the law recognizes it’s unfair to hold employees to strict deadlines. That’s where equitable tolling comes in. Courts may pause the statute of limitations if circumstances beyond your control kept you from filing.

Equitable tolling might apply if:

• Your employer concealed payroll records or misled you about your rights.
• You were intimidated or threatened into staying silent.
• You reasonably couldn’t have discovered the unpaid wages until later.

It’s not automatic, and it’s not easy to prove, but equitable tolling can extend your recovery period. If you believe your employer deliberately hid information, you should raise that with an employment attorney right away.

Take Action Before Time Runs Out

Unpaid wages add up quickly, and every day you wait can cost you money. You don’t have to navigate the deadlines and legal arguments on your own. At Sommers Schwartz, we fight to ensure employees get every dollar they’ve earned. If you suspect unpaid wages—from missed overtime, staggered pay, or years of shorted checks—contact us today for a consultation. The sooner you act, the more you may recover.