If you are owed money for work, the first question is not whether you can win. It is whether you are still in time. Every route to claim unpaid wages has a deadline, and missing it is the most common reason a valid claim fails.
The short answer: under US federal law you usually have two years, or three years if the employer broke the law willfully. State law can give you more time, and some state agencies give you much less.
The federal deadline to claim unpaid wages: two or three years
The Fair Labor Standards Act (FLSA) covers the federal minimum wage and overtime. A claim under it must be started within two years of the violation. If the employer knew it was breaking the law, or showed reckless disregard for whether it was, the limit is three years. This rule is in 29 U.S.C. § 255.
“Willful” is something you have to show, not something you can assume. Ignoring repeated complaints about unpaid overtime can count. An honest mistake about how to classify a job usually does not.
Each payday starts its own clock
The deadline does not run from the day you started the job or the day you left. It runs separately from each payday on which you were underpaid.
That has a practical effect. Suppose you were short-changed every week for three years. If you file today under the two-year rule, you can recover the last two years. The oldest year has already expired, and it keeps expiring week by week while you wait. If you plan to claim unpaid wages, sooner is almost always better.
What actually stops the clock
This is where many people lose money without realising it. A complaint to a labour department does not stop the federal clock on your own lawsuit. Under the FLSA, the clock stops when you file a lawsuit in court. In a group case, it stops for you only when your written consent to join is filed (29 U.S.C. § 256).
A labour department investigation can still recover your wages. But if it stalls and you later decide to sue, the weeks that passed while you waited count against you.
State deadlines to claim unpaid wages can be longer, or shorter
Most states have their own wage laws, and many give you more time than federal law. A few examples show how wide the range is:
- New York: six years to bring a claim under the state Labor Law (N.Y. Labor Law § 198).
- California: three years for most claims based on the Labor Code, and up to four years if the claim is also brought under the state’s unfair competition law.
- Texas: a wage claim with the Texas Workforce Commission must be filed within 180 days of the date the wages were due (Tex. Lab. Code § 61.051).
The Texas example is the one to remember. The agency route there closes in six months, even though other routes stay open longer. Always check the deadline for the specific route you are using, not just the general one for your state.
Freelancers and contractors follow a different rule
If you are a genuine independent contractor with an unpaid invoice, your claim is usually a contract debt, not a wage claim. The deadline is your state’s limit for breach of contract, which is often between three and six years. Written contracts often get longer than verbal ones.
If you were called a contractor but treated like an employee, you may have a wage claim after all. In that case the shorter wage deadlines apply, so do not assume the contract deadline protects you.
What to do this week
- Write down the date of every payday you were short-changed, and how much you were owed.
- Work out your oldest date that is still inside the deadline for your route.
- If you are close to any deadline, speak to an employment lawyer now. Many offer a free first consultation.
- If you have time, send a written request for payment first (how to write a demand letter). It creates a record and sometimes settles the matter.
Common questions
Does the deadline pause while I still work there?
No. Staying in the job does not pause the deadline. Older paydays keep expiring while you work, and you can claim unpaid wages while you are still employed.
Does complaining to my employer stop the clock?
No. An internal complaint, an email to HR or a demand letter does not stop the legal deadline. Only the right legal filing does.
What if I did not know I was underpaid?
Under the FLSA, not knowing generally does not extend the deadline. Some state laws have narrow exceptions, so ask a lawyer if this applies to you.
Official sources
- US Department of Labor, Wage and Hour Division
- 29 U.S.C. § 255, statute of limitations
- State labour offices directory
About this article
Last reviewed: 7 October 2026. This is general information, not legal advice. GlobalUnpaid is an information site, not a law firm, and laws change. For your own situation, check the official sources below or speak to an employment lawyer.