You have three years to seek compensation for unpaid overtime wages in Massachusetts. According to the Massachusetts statute of limitations for unpaid overtime, a court may award you unpaid overtime for a period that goes back three years from the date that you officially file your claim.
What Happens if You Miss the Deadline?
If you file a case after the statute of limitations has expired, then you should expect your employer to raise this argument as a defense with the court and for the court to dismiss your claim for any overtime that you earned more than three years ago.
For example, if you file an unpaid overtime case in April 2019, then your employer will only be required to pay you for overtime that you’ve earned since April 2016 at the earliest.
If you know you have not been paid overtime, but you have worked over 40 hours - especially if you are an hourly employee - then you NEED to get in contact with a labor law attorney at Phillips Garcia. If you are not sure if you are supposed to be exempt, then you should reach out because the laws are nuanced and complex - and you need a lawyer who is experienced in handling employee rights cases, like Phillips Garcia, to address your situation right away. Leave a message in the contact box below or call us at 508.998.0800 today!