Overtime Claims Statute of Limitations

Missing the Deadline Can End Your Case

When it comes to overtime pay disputes, time is not on your side. Even the strongest claim can collapse if it’s filed too late. The statute of limitations, the legal deadline for bringing a claim, controls whether a court will even hear your case. Once the clock runs out, your right to recover those wages is gone.

This can feel deeply unfair. You may have worked long hours for years, only to realize later that your pay was short. But courts won’t pause for regret. They enforce strict filing windows. At Horn Wright, LLP, our employment law attorneys make sure deadlines don’t derail valid cases. We move quickly so workers don’t lose the overtime pay they’ve earned.

Filing Deadlines in New York Courts

New York provides strong protections for workers, but it also sets clear time limits. Under the New York Labor Law (NYLL), employees generally have six years to bring claims for unpaid wages, including overtime. This is far longer than many states, giving New York workers a broader window to seek justice.

The six-year deadline applies to both individual cases and class actions. That means even employees who left a job years ago may still have a valid claim. Importantly, the deadline applies regardless of whether the violation involved hourly staff, tipped workers, or misclassification and overtime pay violations for salaried employees.

For workers, the six-year statute is a lifeline. It recognizes that wage theft often goes unnoticed at first, or that workers may be too afraid to file while still employed. But the window isn’t indefinite, once six years passes, recovery is barred.

Federal Deadlines Under the FLSA

Federal law sets a much shorter timeline. The Fair Labor Standards Act (FLSA) gives workers only two years to file unpaid overtime claims in most cases. That window extends to three years if the violation is considered “willful,” meaning the employer knowingly broke the law.

This shorter timeframe creates a risk for workers who don’t act quickly. If you wait more than two years, your claim may vanish unless you can prove willfulness. Employers often fight this classification, knowing that narrowing the window reduces liability.

That’s why identifying overtime violations promptly is so important. Workers who spot misclassification, off-the-clock demands, or tip-credit abuse should act quickly. Federal law offers less room for hesitation, and waiting can cut years of potential damages.

Exceptions That Can Extend Filing Time

While statutes of limitations are strict, exceptions do exist. Courts sometimes extend filing deadlines under certain circumstances:

• Fraudulent concealment. If an employer deliberately hid violations, the clock may be paused until the employee discovered them.
• Continuing violations. In cases where wage theft was ongoing, courts may allow recovery for the most recent violations even if earlier ones are time-barred.
• Equitable tolling. If extraordinary circumstances prevented filing, such as serious illness or intimidation by the employer, courts may extend deadlines.

Both the FLSA and NYLL recognize these doctrines, though they are applied cautiously. Exceptions don’t guarantee more time, but they provide important avenues for employees who might otherwise lose out. They also reinforce employer liability for overtime violations when companies use deception or coercion to suppress claims.

New Hampshire Has Shorter Statutory Deadlines Than New York

Not all states are as generous as New York. New Hampshire sets shorter statutes of limitations for wage claims, meaning employees there must act quickly or risk losing their rights. In practice, this often discourages workers from pursuing valid claims, since by the time they realize they’ve been underpaid, the window has already closed.

By comparison, New York’s six-year deadline is one of the longest in the country. It reflects a recognition that wage theft often takes time to uncover. Employees in New York have more flexibility to build cases, collect evidence, and pursue group actions without racing against the clock as they would in New Hampshire.

Why Acting Quickly Protects Your Rights

Even with New York’s longer deadlines, waiting is risky. Every day that passes narrows the window of recoverable wages. Filing sooner preserves more of your claim, increases leverage in negotiations, and prevents employers from arguing that too much time has passed.

Quick action also strengthens evidence. Pay stubs, schedules, and digital records can disappear or become harder to access with time. Witnesses may move on or forget details. Acting quickly ensures the strongest possible case is built while the trail is still fresh.

This urgency is especially important for filing an overtime pay claim under federal law, where the two-year window can slam shut before employees even realize they’ve been misclassified or denied overtime. Filing quickly is the surest way to preserve rights.

How Lawyers Ensure Claims Are Filed on Time

Attorneys play a crucial role in managing deadlines. They know the statutes, calculate filing windows, and act fast to preserve claims. More importantly, they spot opportunities to extend deadlines when employers have engaged in fraud or concealment.

Lawyers also build claims strategically. They file quickly to preserve rights, then continue gathering evidence to maximize damages. This dual-track approach ensures deadlines are met without sacrificing the strength of the case.

Attorneys also play a key role in calculating unpaid overtime damages. Filing on time is only part of the battle — proving the full extent of unpaid wages is equally important. Lawyers combine preserved records with testimony and industry data to ensure workers recover everything they’re entitled to.

Horn Wright, LLP, Files Claims Before Deadlines Expire

Overtime cases don’t wait. Deadlines keep ticking, whether workers are ready or not. Missing those deadlines can erase years of labor in an instant. At Horn Wright, LLP, we make sure that doesn’t happen.

Our employment law attorneys move quickly to secure claims, preserve evidence, and push cases forward before statutes of limitations run out. We don’t just file — we file strategically, ensuring both deadlines and damages are fully addressed.

If you’re ready to work with a nationally recognized firm that files claims before time runs out, Horn Wright, LLP, will protect your rights and fight for every dollar of unpaid over