Act Fast: The FLSA statute of limitations is 2 years (3 for willful violations). Every month you wait reduces the back pay you can recover. Get a free evaluation today.
Step 1 — Identify Whether You Have a Claim
Ask yourself these questions:
- Did you work more than 40 hours in any workweek and not receive 1.5× your regular rate?
- Were you paid less than the federal or state minimum wage?
- Were you required to work before or after your scheduled hours without pay?
- Were you classified as an "independent contractor" but functioned like an employee?
- Did your employer take your tips or require you to share tips with non-tipped employees?
- Were you automatically docked for meal breaks even when you worked through them?
If you answered yes to any of these, you may have a viable claim.
Step 2 — Document What You Can
Strong documentation makes your case much easier to settle and for more money. Gather:
- Pay stubs — showing your hourly rate, hours paid, and deductions
- W-2s or 1099s — for annual income documentation
- Time records — your own logs, screenshots, badge swipe records, GPS data from work apps
- Employment contract or offer letter — showing your classification and agreed rate
- Emails, texts, or voicemails — showing hours worked or management awareness
- Coworker names — others experiencing the same treatment strengthen a class claim
Don't have records? That's common. Employers are required by law to keep time records — if they didn't, courts often side with workers on estimates. An attorney can also subpoena employer systems.
Step 3 — Know Your Deadlines
| Law | Deadline | Notes |
|---|---|---|
| FLSA (standard) | 2 years | From the date of each violation |
| FLSA (willful) | 3 years | If employer knowingly violated the law |
| State wage laws | Varies (2–6 yrs) | May be longer than FLSA |
Your attorney will identify which deadline applies and may be able to use both federal and state law to maximize your recovery period.
Step 4 — Choose How to File
You have three main options:
- File with the DOL Wage and Hour Division — free, but slow (often 12+ months) and the DOL controls the case. You share any recovery with the DOL's enforcement priorities.
- File a private lawsuit through an employment attorney — faster, you control the case, and attorneys work on contingency. This is the most common path for significant violations.
- Collective/Class action — if multiple workers were affected, a group claim is often more powerful and results in a larger per-worker recovery.
What to Expect in the Process
- Free evaluation — your attorney reviews your case at no cost
- Demand letter — the attorney notifies the employer of the claim
- Settlement negotiation — most cases resolve here (3–9 months)
- Filing suit — if no settlement, your attorney files in federal or state court
- Discovery — both sides exchange evidence
- Trial or final settlement — most cases settle before trial
Protect Yourself During the Process
- Do not discuss your claim with management or HR without attorney guidance
- Keep copies of all documents in a personal (not work) location
- Document any retaliation attempts immediately
- Continue performing your job normally while the case proceeds