How to use the wage claim statute of limitations calculator
Unpaid wages do not stay claimable forever. Enter the date the wages were due, say whether the violation looks willful and set your state limit to see when the federal window closes and how far back you can still reach today.
Legal basis - the Fair Labor Standards Act limitations period is set by 29 U.S.C. §255(a), which gives two years for an ordinary claim and three years where the violation was willful. Each missed payday is treated as a separate violation, so the clock runs paycheck by paycheck. State wage payment laws run their own periods, often three to six years, and a state claim can survive after the federal one closes. Figures are current as of September 2026, and your state may differ, so check your state statute.
Korea uses a flat three year period for wage claims under its Labour Standards Act, which sits between the federal two and three year rules here. Filing with an agency does not automatically stop the federal clock, and in a collective action the date your written consent is filed is what usually counts. This calculator is for reference only and is not legal advice. Consult a licensed attorney about your specific situation.
Frequently asked questions
Courts generally look at whether the employer knew the conduct broke the law or showed reckless disregard for it. That finding is made case by case, so treat the three year figure as a possibility rather than a given.
Filing an administrative complaint does not automatically pause the federal limitations period. If the deadline is close, ask a lawyer about filing suit or written consent rather than relying on the agency process alone.