Statutory Compliance Research • 29 U.S.C. § 255
Statute of Limitations for Unpaid Wages by State
An exhaustive statutory analysis of wage claim filing deadlines, FLSA willful violation rules (29 U.S.C. § 255), and state-specific back pay lookback windows.
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Last Updated: August 2026
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1. FLSA Federal Lookback Period (2 vs 3 Years)
Under the federal Portal-to-Portal Act (29 U.S.C. § 255(a)), the standard statute of limitations for recovering unpaid minimum wage or overtime under FLSA is 2 years. However, if the employee demonstrates that the employer's violation was willful (meaning the employer knew or showed reckless disregard for whether its conduct was prohibited), the lookback period extends to 3 years.