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Title 29, LaborRelease 119-110

§255 Statute of Limitations

Title 29 › CHAPTER 9 — PORTAL-TO-PORTAL PAY › § 255

Last updated Sep 23, 2026|Official source

Summary

You must file a claim for unpaid minimum wages, unpaid overtime, or liquidated damages under the Fair Labor Standards Act, the Walsh-Healey Act, or the Bacon‑Davis Act within set time limits. If the claim arose on or after May 14, 1947, you have two years from when the claim arose to start the case. If the employer acted willfully, you have three years. If the claim arose before May 14, 1947, you must file within the shorter of two years from when the claim arose or the state’s statute of limitations. But a case begun within 120 days after May 14, 1947 is allowed unless already barred by state law. For suits under section 216(b) against a State or local government filed in federal court on or before April 18, 1973, the time limits were paused while the case ran and until 180 days after the Fair Labor Standards Amendments of 1974 took effect, unless the defendant already won for reasons other than state immunity.

Full Legal Text

Title 29, §255

Labor, Source: USLM XML via OLRC

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act —
(a)if the cause of action accrues on or after May 14, 1947—may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;
(b)if the cause of action accrued prior to May 14, 1947—may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods;
(c)if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b) if it is commenced within one hundred and twenty days after May 14, 1947 unless at the time commenced it is barred by an applicable State statute of limitations;
(d)with respect to any cause of action brought under section 216(b) of this title against a State or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judgment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey and Bacon-Davis Acts, referred to in text, are defined for purposes of this chapter in section 262 of this title. The

Effective Date

of the Fair Labor Standards

Amendments

of 1974, referred to in subsec. (d), means May 1, 1974, except as otherwise specifically provided, under provisions of section 29(a) of Pub. L. 93–259, set out as an

Effective Date

of 1974 Amendment note under section 202 of this title.

Amendments

1974—Subsec. (d). Pub. L. 93–259 added subsec. (d). 1966—Subsec. (a). Pub. L. 89–601 inserted provision allowing causes of action arising out of willful violations to be commenced within three years after the cause of action accrued.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–259 effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title.

Effective Date

of 1966 AmendmentAmendment by Pub. L. 89–601 effective Feb. 1, 1967, except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title. Rules,

Regulations

, and Orders Promulgated With Regard to 1966

Amendments

Secretary authorized to promulgate necessary rules,

Regulations

, or orders on and after the date of the enactment of Pub. L. 89–601, Sept. 23, 1966, with regard to the

Amendments

made by Pub. L. 89–601, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 255

Title 29, Labor

Last Updated

Sep 23, 2026

Release point: 119-110