You know what happens when Cinderella stays too long at the ball? Midnight strikes, the magic ends, and she’s stuck walking home barefoot. Basketball still on your fingertips when the buzzer sounds? Doesn’t matter if it swishes—the shot doesn’t count. Show up one minute after the airplane door closes? Enjoy your view of the jet bridge while your flight takes off without you. In law, especially under the Fair Labor Standards Act (“FLSA”), the clock is just as ruthless. If you don’t act fast when your employer fails to pay minimum wage or overtime, your legal rights may vanish forever.
How Long Do I Have to File an FLSA Claim for Overtime or Minimum Wage Violations?
The FLSA has clear rules: if your employer fails to pay minimum wage or overtime, you have two years to sue. Maybe three if you prove they did it willfully. But there’s no “oops I forgot” exception. The statute of limitations under the FLSA is hard, fast, and unforgiving.
In Moore v. Pooches of Largo, Inc., No. 23-13568, 2025 WL 1445581 (11th Cir. May 20, 2025), the plaintiff waited too long. The jury even found that she wasn’t paid minimum wage—but because she couldn’t prove willfulness, the two-year limit barred her case. Game over. No back pay. No justice.
Melanie Moore applied for a job at Pooches of Largo, expecting a $35,000 salary as a certified veterinary technician. She was instead hired as a part-time kennel tech and worked approximately 85 hours over three weeks. On August 31, 2018, she received a single paycheck for just $184—less than $2.20 per hour. Moore immediately complained via text to her supervisor about the pay discrepancy and mentioned that she might hire a lawyer. Days later, she was fired.
Moore did hire a wage and hour attorney, who issued a demand letter, but she later fired him and proceeded on her own. Despite having apparent underpayment facts on her side, Moore filed her FLSA claim on September 16, 2020—more than two years after her termination. Because the jury found the violation was not willful, her claim was time-barred.
Here’s the breakdown:
- 2 years for standard FLSA violations
- 3 years if you can prove the employer acted willfully
In practical terms, “willfulness” means you need to prove that your employer knew they were breaking the law and did it anyway.
That’s it. The clock starts ticking the moment your last unpaid paycheck hits. And courts don’t take kindly to excuses.
Best Wage and Hour Lawyer Blogs on Point:
- Most But Not All Employees Are Entitled To Overtime
- There’s $4 Billion In Overtime Wage Theft Every Year – How Much Of That Is Yours
What Is Wage Theft—And How Can The FLSA Help?
Wage theft comes in many forms:
- Not paying overtime for hours worked over 40 in a week
- Paying below the federal minimum wage
- Forcing employees to work off the clock
- Misclassifying workers as independent contractors
The FLSA protects employees by requiring minimum wage and time-and-a-half for overtime. But those protections are worthless if you don’t file your claim in time.
Best Wage Theft Attorney Blogs on Point:
- What Damages Can I Get For Wage Violations And Retaliation Under FLSA?
- Taking Care of Business: Can my Employer Dock my Pay for Bathroom Breaks?
- Should I be paid For On-Call Duty?
Does The FLSA Protect Against Retaliation For Wage Complaints?
Yes—absolutely. The FLSA doesn’t just require employers to pay minimum wage and overtime—it also prohibits them from retaliating when employees assert those rights. That means if you complain about not getting paid properly, even informally (like in a text message), your employer can’t legally fire, demote, or otherwise punish you for speaking up. That would be retaliation and wrongful termination.
But here’s the catch: you still have to prove it. In Moore, Moore claimed she was retaliated against and wrongfully fired because she complained about her pay. But without a strong factual record, competent legal representation, or timely evidence linking her complaint to the termination, the retaliation claim collapsed. Timing, documentation, and legal strategy matter. With the right wage and hour attorney, this kind of FLSA retaliation claim can stick—and stick hard.
You must bring an FLSA retaliation claim within two years of the retaliatory act—or three years if you can prove that your employer’s actions were willful. Miss that window, and that claim is also gone.
Best Retaliation Lawyer Blogs on Point:
- Bad Pennies Turn Up In FLSA Wage Case
- How Broad Are The FLSA Antiretaliation Provisions?
- Am I Protected After Reporting Wage Theft Under The FLSA?
- Sixth Circuit: Complaints About Unpaid Reimbursements Are Protected Too
Can I File A Wage Theft Claim On My Own?
You can, but you really shouldn’t. Moore hired an attorney, who laid out all of the claims. Then she fired her lawyer and accused him of conspiring with the employer. Then she took her wage theft case all the way to a jury, by herself.
And guess what? She lost.
Representing yourself in a wage and hour lawsuit is not just risky—it’s nearly impossible. You have to know federal rules, discovery, trial procedure, evidentiary burdens, jury instructions, motion practice, and how to prove willfulness for an extended statute of limitations. Miss any of those steps? You’re toast.
The court even acknowledged that she may have been underpaid. But it didn’t matter. Without proving the employer’s actions were willful, the clock expired. “Because the jury found that Pooches’s failure to pay was not willful, the District Court held that the FLSA’s two-year statute of limitation barred Moore’s claim.” Moore at *3.
A qualified wage and hour attorney would have known exactly how to avoid the pitfalls that doomed Moore’s case. From day one, a skilled FLSA lawyer would have recognized the ticking clock on the statute of limitations, ensured timely filing, and—most critically—gathered and presented the evidence necessary to show the employer acted willfully. That difference alone could have extended the limitations period by a full year and saved the case from dismissal. An attorney also would have kept the narrative on track, spotlighted the facts the jury needed, and avoided the procedural traps that swallowed Moore’s claims.
Best FLSA Law Firm Blogs on Point:
- Google Is Not A Substitute For Talking With An Employment Lawyer
- Sixth Circuit Tries To Help Employers Hide Wage Theft – Will It Backfire?
What Should I Do If I Missed The Deadline?
First, talk to a lawyer anyway. There are rare exceptions and nuances in some cases—especially if your employer has continued violating the law, or you’ve recently discovered the misconduct. Second, don’t repeat the mistake. If you’re still working and still being shorted on wages, that ticking clock resets with every new violation. A wage and hour attorney can help you act fast to preserve your claims.
Don’t Lose A Strong FLSA Case Because Of Deadlines. Talk To An Experienced Wage And Hour Attorney Today
Moore’s case is the cautionary tale. The claim was good. The numbers didn’t lie. But the timing did her in. She filed more than two years after her last paycheck. And without proving willfulness, the FLSA claim died on procedural grounds.
Don’t let that be you. Don’t wait. Don’t guess. Don’t try to take on a legal team by yourself.
At Spitz, The Employee’s Law Firm, our wage theft attorneys don’t just know the FLSA—we use it to win. We’ve helped thousands of workers recover millions in stolen wages. Whether you’re facing unpaid overtime, minimum wage violations, FLSA retaliation, failure to pay, or wage theft, we can help you act fast—and smart.
We offer free consultations, and we don’t get paid unless you do. No upfront fees. Just honest legal advice, fast action, and proven results. With one of the largest employee rights practices in the country, our firm has the resources, experience, and history of large verdicts to stand up to even the toughest employers.
Employment Lawyer Disclaimer
This wage and hour blog provides general information on legal topics such as FLSA violations, failure to pay minimum wage, unpaid overtime, FLSA retaliation, and wage theft. It is not legal advice. Every case is unique. If you’ve been underpaid, denied overtime, or fired after reporting wage violations, consult an experienced wage and hour lawyer. Reading this blog does not create an attorney-client relationship. This content is considered attorney advertising.