Statute of Limitations for Unpaid Overtime Lawsuits in Tennessee
As an employee, you are entitled to be paid appropriately for any work you perform. If you are eligible for overtime pay under the Fair Labor Standards Act (FLSA), your employer is required to pay you time-and-a-half for any extra hours you work every workweek over 40 hours. If your employer fails to pay what you’ve earned, you could take legal action to recover any unpaid wages. And if you learn your fellow workers are also paid unfairly, there may even be grounds for an unpaid overtime class action lawsuit.
When employers don’t pay you overtime, it is called wage theft – the failure of an employer to pay you what you are legally entitled.
There are strict time limits for filing unpaid overtime claims, but first you need to learn whether you have a case. Talk to an unpaid overtime attorney at the Employment and Consumer Law Group in Nashville. We help hardworking Tennesseans just like you in the fight for fair pay.
Our law firm was established with the mission of helping honest people get honest treatment from employers and corporations. We won’t let businesses get away with cheating you and others out of what they owe. We have a history of obtaining successful results for clients, including $3.2 million recovery in an overtime class action lawsuit.
Wage and overtime violations are against the law. It is your money, and if an employer takes your money, it is theft. If you believe your rights have been violated, call or contact us today for a free consultation.
What Is the Law in Tennessee for Unpaid Overtime?
In Tennessee and all states, the law governing overtime law is the Fair Labor Standards Act (FLSA). This is a federal law that governs many workers’ and employers’ rights throughout the country. The FLSA requires employers to pay overtime to non-exempt workers for any hours they work beyond the 40-hour workweek. For those extra hours, employers should pay time-and-a-half, or 1.5 times the worker’s hourly rate.
If employers refuse to pay the overtime you deserve, you have several options for seeking those missing wages, including filing an unpaid overtime lawsuit. The right course of action will depend on the facts of your case, so it’s smart to speak with an attorney about the best path forward.
What Is the Statute of Limitations for Unpaid Overtime?
In every overtime case, there’s a time limit for you to bring legal action for the money you’re owed. This is known as a statute of limitations, and it sets clear deadlines for how long you’ll have to bring a lawsuit. If you file by the deadline, you may lose your right to bring an unpaid overtime lawsuit.
For most overtime cases, you’ll have two years to bring a lawsuit for what you’re owed. This two-year statute of limitations may even apply in class-action suits. At the Employment and Consumer Law Group, our attorneys can review your claim and explain the time limits that apply to your unpaid overtime claim class action in Tennessee.
What Does the Statute of Limitations Mean for Your Case?
You must file your claim within the deadlines set by the law or risk having the claim dismissed altogether. Dismissal can be the end of even the strongest case, so make sure your lawsuit is filed within any statute of limitations that applies.
You’ll also need to ensure that you’ve gathered critical evidence and taken other important steps before you get any legal paperwork in place. That can take more time than you may expect. At the Employment and Consumer Law Group, an unpaid overtime attorney can collect relevant evidence and prepare any legal filings before time runs out.
When Does the Statute of Limitations Start?
The clock on the statute of limitations generally starts ticking at the moment the action accrues. That means you may have two years from the date your employer should have paid you the overtime you earned.
If you aren’t sure when the statute of limitations would start in your case, get in touch with an employment attorney as soon as you can. They can answer your questions, identify how much time you may have to bring an action, and handle your case needs.
Are There Any Exceptions to the Time Limit?
While the statute of limitations is strict, there are some important exceptions to the rule. One of the biggest exceptions is when an employer willfully violates the law. In these cases, you may have three years to bring an action. This exception exists to help hold employers accountable when they’ve gone out of their way to break the law.
The law also gives you extra time to take action for willful violations because it can be challenging to know when an employer intentionally broke the law and when they just made a mistake. While employers must pay you the unpaid overtime you’ve earned, some employers fail to do so because of clerical errors or other oversights. Understanding why an employer failed to pay takes time and effort. An attorney can help make the most of this additional time by unraveling the truth of what happened and advocating fiercely for your rights.
Depending on the facts of your case, other exceptions may apply to the statute of limitations. But you’ll need to know the law, and you’ll need to know your rights. Make sure that you file your case on time and don’t wait to get the legal support you deserve.
Speak With an Attorney About Your Unpaid Overtime Case Today
Don’t be afraid to speak up if you’ve been denied overtime pay. You may be surprised to learn that many other employees just like you are in the same position. A Nashville unpaid overtime lawyer at the Employment and Consumer Law Group will fight to hold unscrupulous employers accountable and recover the money you’ve earned.
Your work matters. Your overtime does, too. So, if an employer owes you, let us stand up for you and your rights. For a free and confidential case evaluation, contact us now by phone or by using our online form.