Fla. Stat. § 95.11(4)(c)
Wage & Hour / Unpaid Wages
Cases involving unpaid wages, overtime, or minimum wage violations.
Statute of Limitation in Florida
The statute of limitations for filing a claim for unpaid wages is typically two years from the date the wages were due.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the employer has committed fraud or intentionally concealed the non-payment, which may extend the time limit for filing a claim; additionally, claims may require employees to file with the Department of Economic Opportunity before pursuing legal action. Contact an attorney.
Example Scenario
If wages were due on March 1, 2023, a claim must be filed by March 1, 2025.
Understanding Statutes of Limitations in Florida
The statute of limitations for wage & hour / unpaid wages in Florida acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Florida state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for wage & hour / unpaid wages after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Florida, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Florida law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Florida serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Florida Small Claims court?