Wage claim deadlines by state
Under federal law you generally have 2 years to recover unpaid minimum wage or overtime, or 3 years if the violation was willful. State deadlines differ, and a few are much shorter. File as soon as you can.
Deadline: the time limit to file with the state office and/or to sue under state law, as the state's law or labor office states it. Claim limit: the most the state office will handle, where it sets one.
| State | Deadline | Claim limit |
|---|---|---|
| Alabama | No state wage-claim deadline because Alabama has no state wage law. Under the federal Fair Labor Standards Act, you generally have 2 years to recover unpaid minimum wage or overtime, or 3 years if the violation was willful (29 U.S.C. § 255). | None stated |
| Alaska | 2 years for unpaid minimum wage, overtime and liquidated damages (AS 23.10.130). The Department says claims for other unpaid straight-time wages or promised benefits should be filed within 3 years of when the work was done. File as soon as you can. | The Wage and Hour office takes claims of more than $50 and less than $20,000. It does not take claims against public employers. |
| Arizona | Wage claim with the Commission: within 1 year after the wages were due (A.R.S. § 23-356). Minimum wage or paid sick time lawsuit: within 2 years after the last violation, or 3 years if willful; the time is paused while the Commission investigates (A.R.S. § 23-364(H)). | $12,000 in unpaid wages for a wage claim filed with the Industrial Commission (A.R.S. § 23-356(A)). |
| Arkansas | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | $2,000. You cannot file a wage claim if you are owed more than $2,000 or you earn more than $50,000 a year; you also cannot split the amount between the Division and a court. Otherwise you can use your own lawyer or small claims court. |
| California | File on time: 3 years for minimum wage, overtime, missed meal and rest breaks, sick leave, illegal deductions and unpaid reimbursements; 2 years for an oral promise of pay above minimum wage; 4 years for a written contract; 1 year for bounced-check penalties or denied access to payroll records (Labor Commissioner's Office). Retaliation complaints: 1 year from the retaliation. | None stated |
| Colorado | 2 years after the wages were due, or 3 years if the violation was willful (C.R.S. § 8-4-122). | $7,500 in unpaid wages per Division claim (higher amounts can be sought in court). The limit does not apply to penalties, fines, or retaliation remedies. |
| Connecticut | 2 years: you must sue within 2 years (Conn. Gen. Stat. § 52-596), and the Division only investigates unpaid wages from the two years before you file. Filing a wage complaint with the Labor Commissioner pauses (tolls) the 2-year court deadline (§ 52-596). | None stated |
| Delaware | 2 years from the date the wages were due (10 Del. C. § 8111). The Department says you must file your claim with it at least 90 days before the 2 years run out. | $25,000. The Office only accepts wage claims worth $25,000 or less. |
| District of Columbia | 3 years after the wages were due, or after the last violation if it is continuing; the period can be tolled in some cases (D.C. Code § 32-1308). DOES applies the same 3 years to claims for unpaid wages, minimum wage, overtime, commissions, illegal deductions, vacation, holiday and sick pay. | None stated |
| Florida | State minimum wage lawsuit: 4 years, or 5 years if the violation was willful (Fla. Const. art. X, § 24(e); Fla. Stat. § 448.110(8) and § 95.11). Other lawsuits to recover wages or overtime: 2 years (Fla. Stat. § 95.11(5)(d)). The 15-day notice period pauses the deadline. Federal FLSA claims: 2 years, 3 if willful. | None stated |
| Georgia | Lawsuits for unpaid wages, overtime, or damages and penalties under Georgia wage-payment laws: 2 years after the right to sue arose (O.C.G.A. § 9-3-22). Federal FLSA claims for minimum wage or overtime: 2 years, or 3 years if the violation was willful. | None stated |
| Hawaii | For unpaid wages under the payday law (Haw. Rev. Stat. ch. 388), the Wage Standards Division will not accept a claim more than 1 year after the wages were due (§ 388-11(b)). The division's filing page says chapter 388 has a time limit; it lists no such limit for minimum wage or overtime (chapter 387) complaints. You can also sue in court (§ 388-11(a), § 387-12(c)); a court deadline could not be confirmed (see notes). | None stated |
| Idaho | 2 years after the wages were due, whether you file with the department or in court. If you were paid but claim you were underpaid for that pay period, the deadline is 12 months (Idaho Code § 45-614). | Claims filed with the department (not counting penalties) are limited to the small claims court limit, which is $15,000 (Idaho Code §§ 45-617(1), 1-2301). For more, go to court. |
| Illinois | File with IDOL within 1 year after the wages or final pay were due; IDOL reviews up to 3 years before the filing date (820 ILCS 115/11; 56 Ill. Adm. Code 300.940). A lawsuit for unpaid minimum wage or overtime under the Minimum Wage Law must be filed within 3 years of the underpayment (820 ILCS 105/12(a)). For other unpaid wages in court, see notes. | None stated |
| Indiana | Lawsuits about wages: 2 years after the unpaid payday, unless your pay is set by a written contract (Ind. Code § 34-11-2-1). Lawsuits for unpaid state minimum wage: 3 years (Ind. Code § 22-2-2-9). IDOL's claim page lists no separate filing deadline. Federal FLSA claims: 2 years, 3 if willful. | IDOL's claim page lists no dollar limit. By law the Labor Commissioner can take over (by assignment) and sue only on wage claims under $6,000 (Ind. Code § 22-2-9-5). |
| Iowa | DIAL will not accept a claim more than 1 year after the wages were due (Iowa Code § 91A.10(1)). A lawsuit for wages or penalties must be filed within 2 years (Iowa Code § 614.1(8)). | Under $6,500 (DIAL). |
| Kansas | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | None stated |
| Kentucky | 3 years after the claim arose for court or administrative actions under KRS Chapter 337 that have no other specific deadline (KRS 337.385(5), effective July 15, 2024). | None stated |
| Louisiana | 3 years to sue for unpaid wages, salaries or commissions (La. Civil Code art. 3494). Federal minimum wage/overtime claims: 2 years, or 3 if the violation was willful (FLSA). | None stated |
| Maine | No wage-specific deadline found in the wage statutes; Maine's general limit for civil lawsuits is 6 years (14 M.R.S. § 752). Federal FLSA claims: 2 years, or 3 if willful. File as soon as you can. | None stated |
| Maryland | 3 years to file a civil lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). You can sue under the Wage Payment law once wages are 2 weeks late (Md. Code, Lab. & Empl. § 3-507.2(a)). Federal FLSA claims: 2 years, or 3 if willful. | None stated |
| Massachusetts | 3 years after the violation to sue; the clock stops while your complaint is pending with the Attorney General (M.G.L. c. 149, § 150). You must usually file with the AG first and wait 90 days (or get written permission sooner). | None stated for AG complaints. If you sue: Small Claims Court handles $7,000 or less, District Court $50,000 or less, Superior Court more than $50,000 (per the AG's 'Workers' right to sue' page). |
| Michigan | Unpaid wages or fringe benefits (final pay, late pay, vacation, illegal deductions): file with the Wage and Hour Division within 12 months (MCL 408.481). Minimum wage and overtime: file a claim or sue within 3 years (MCL 408.939). Retaliation under the wage payment act: complain within 30 days (MCL 408.483). | None stated |
| Minnesota | 2 years to recover unpaid wages, overtime, damages or penalties; 3 years if the nonpayment was willful or the employer did not turn over payroll records to DLI when asked (Minn. Stat. § 541.07(5)). | None stated |
| Mississippi | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | None stated |
| Missouri | 3 years to sue for unpaid minimum wage or overtime under the state minimum wage law (RSMo 290.527). Note: an older general statute (RSMo 516.140) sets 2 years for minimum wage/overtime suits; see notes. Federal FLSA: 2 years, or 3 if willful. | DLS only calculates back wages up to the state minimum wage ($15.00) and overtime; higher contract wages must be pursued privately (DLS complaint page). |
| Montana | File within 180 days after the employer failed or delayed paying you (MCA 39-3-207(1)). You can recover wages for up to 2 years before your last day of work (or before filing, if still employed), or 3 years if the employer has repeated violations (MCA 39-3-207(2)-(3)). | None stated |
| Nebraska | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | None stated |
| Nevada | The Labor Commissioner will not accept a claim about something that happened more than 24 months before you file (Labor Commissioner, Forms for Employees). To sue in court: 2 years for unpaid final wages (NRS 608.135) and 2 years for minimum-wage violations (NRS 608.260). | None stated |
| New Hampshire | Within 36 months from when the wages were due (NH Department of Labor wage claim page). | None stated |
| New Jersey | 6 years for unpaid minimum wage, overtime, retaliation and other claims (N.J.S.A. 34:11-56a25.1; NJDOL Worker FAQ). | Wage Collection hearings handle disputes of up to $50,000, plus any damages the law allows (NJDOL Investigation Process page). |
| New Mexico | Generally 3 years after the violation (NMSA 1978 § 37-1-5, per LRD Investigations Manual). If the underpayment was a continuing course of conduct, the 3 years run from the last violation and you can recover back to when it started (NMSA 1978 § 50-4-32). | None stated |
| New York | NYSDOL will not accept claims for wages earned more than 3 years before you file (NYSDOL Unpaid Wages page). In court, you have 6 years to sue for unpaid wages, minimum wage or overtime (N.Y. Labor Law §§ 198(3), 663(3)); the time stops running while NYSDOL investigates your complaint. | None stated |
| North Carolina | NCDOL will not accept complaints for wages due more than one year ago (NCDOL How to File page). To sue in court: 2 years (N.C.G.S. § 95-25.22(f)). | NCDOL does not take wage complaints for less than $50; no maximum is stated (NCDOL How to File page). |
| North Dakota | File with NDDOLHR within 2 years from the date the wages were due (N.D.C.C. § 34-14-09(1)). Lawsuits for overtime, damages, fees or penalties under wage laws must be brought within 2 years (N.D.C.C. § 34-01-13). Filing a claim with the department pauses that court deadline while the department handles it (§ 34-14-09(3)). | $125 to $15,000. Smaller claims go to small claims court; larger ones go to district court (N.D.C.C. § 34-14-09(1); NDDOLHR Wage Claim Process). |
| Ohio | 3 years from the violation (or from when a continuing violation stopped) to sue for minimum-wage violations, or 1 year after the state notifies you of the final result of your complaint, whichever is later (Ohio Rev. Code § 4111.14(K); Ohio Const. art. II, § 34a). | None stated |
| Oklahoma | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | None stated |
| Oregon | In court: 6 years for unpaid wages, as a liability created by statute or contract (ORS 12.080), but only 2 years for unpaid overtime and for penalties or liquidated damages for unpaid overtime (ORS 12.110(3)). | None stated |
| Pennsylvania | 3 years from the day the wages were due to start a state claim or lawsuit for unpaid wages or liquidated damages under the Wage Payment and Collection Law (43 P.S. § 260.9a(g)). For minimum wage or overtime claims, L&I advises filing within 2 years of when the work was done, and as soon as you can. | None stated |
| Rhode Island | 3 years from when you did the work to file a wage claim with DLT (R.I. Gen. Laws § 28-14-20(a)); 3 years to file a lawsuit (§§ 28-14-19.2(g), 28-14-20(b)). Retaliation lawsuits: 1 year (§ 28-14-19.3). | None stated |
| South Carolina | 3 years after the wages became due to file a lawsuit for unpaid wages (S.C. Code § 41-10-80(C)). | None stated |
| South Dakota | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | None stated |
| Tennessee | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | At least $100 (smaller claims go to General Sessions Court); no maximum stated. |
| Texas | TWC wage claim: within 180 days after the date the wages were due; this deadline is strict and late claims are dismissed (Tex. Lab. Code § 61.051(c)). Lawsuit for minimum wage under the Texas Minimum Wage Act: within 2 years after the wages were due (Tex. Lab. Code § 62.202). Federal FLSA claims: 2 years (3 if willful). | None stated |
| Utah | File with UALD within 1 year after the day the wages were earned (Utah Code § 34-28-9(1)(e)). To collect the final-paycheck penalty in court, sue within 60 days after you were separated (§ 34-28-5(1)(c)(ii)). Federal FLSA claims: 2 years (3 if willful). | UALD accepts wage claims from $50 up to $10,000 (Utah Code § 34-28-9(1)(c)-(d)). Claims of $10,000 or less must go through UALD before you can sue; larger claims can go straight to court (§ 34-28-9.5). |
| Vermont | File a wage complaint with the Department of Labor within 2 years after the wages were due (21 V.S.A. § 342a(a)). Federal FLSA claims: 2 years (3 if willful). | None stated |
| Virginia | File with DOLI within 3 years of when the wages were earned (DOLI claim form). A lawsuit for unpaid wages must be filed within 3 years; the time stops running while a DOLI complaint is pending (Va. Code § 40.1-29(M)). Overtime lawsuits: within 3 years (§ 40.1-29.2). | None stated |
| Washington | File a wage complaint with L&I within 3 years of the violation; L&I cannot order wages owed more than 3 years before you filed (RCW 49.48.083). Retaliation complaints to L&I: within 180 days of the retaliation (L&I). Federal FLSA claims: 2 years (3 if willful). | None stated |
| West Virginia | Not confirmed: ask the state labor office. Federal claims: 2 years, 3 if willful. | None stated |
| Wisconsin | File with DWD or in court within 2 years of the date the wages were payable; DWD will not accept claims for pay due more than 2 years before it receives the complaint (DWD). | None stated |
| Wyoming | DWS says you generally have 2 years from the date the wages were due to file a claim with the State of Wyoming (DWS 'Where to File' page). For older claims or work outside Wyoming, DWS sends you to the US Department of Labor. | DWS takes claims of up to two months' wages per employee per claim (or, for claims arising from a bankruptcy, up to the federal bankruptcy wage-priority limit in 11 U.S.C. § 507(a)(4)) (W.S. 27-4-502(a)). |
Federal deadline: US DOL: Handy Reference Guide to the FLSA.