in court of law can the law go back further than 2 years to claim wages that were underpaid

UPDATED: Oct 2, 2022

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in court of law can the law go back further than 2 years to claim wages that were underpaid

I recently found out that I was not being paid the proper wages under my state’s prevailing wage law. So I contacted the department of labor and industry. They have a form to fill out that will get the proper wages made right up to 2 years. I have worked their close to 15 years, so I’m wondering if I can get the proper wages back further than 2 years?

Asked on August 28, 2019 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, unfortunately the statute of limitations, or time period for bringing a claim, for unpaid or underpaid wages is only two years maximum in your state; that means that any claim you bring can only go back two years (that is, get wages owed you from up to two years prior to when you filed your claim). The law does not let you seek unpaid or underpaid wages older than that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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