The decision creates a circuit split with the Tenth Circuit (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) and may be ripe for Supreme Court review.Claims for unpaid overtime compensation generally are governed by a two-year statute of limitations. 29 U.S.C. § 255(a). But claims for unpaid compensation arising out of an employer’s willful violation of the FLSA are subject to a longer, three-year limitations period.

Even if a public education institution does not have any exempt employees affected by these new salary basis test regulations, it may still be prudent to assess whether current exempt positions perform the appropriate duties to satisfy the executive, administrative, or professional exemptions, and the corresponding duties test for exemptions under the Education Code. An audit of exempt positions is also beneficial because an employer may be liable for unpaid compensation and liquidated damages going back up to three years for a willful violation of the FLSA in misclassifying an employee as overtime exempt. (29 U.S.C. sec. 255.)LCW’s wage and hour attorneys routinely conduct FLSA audits and provide wage and hour advice and counsel to our public education clients. We are available to advise agencies on the impact of these new FLSA salary basis test regulations.

An audit of exempt positions is also beneficial because an employer may be liable for unpaid compensation and liquidated damages going back up to three years for a willful violation of the FLSA in misclassifying an employee as overtime exempt. (29 U.S.C. sec. 255.)LCW’s wage and hour attorneys routinely conduct FLSA audits and provide wage and hour advice and counsel to our public agency clients and are available to advise agencies on the impact of these new FLSA salary basis test regulations. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.

If the violation is willful, a three-year limit applies. 29 U.S.C. § 255(a). The filing of an EEOC charge does not toll the statute of limitations under the EPA, even if the plaintiff’s claims are covered under both Title VII and the EPA. Q: How does an EPA claim differ from a Title VII claim of discrimination?

Employers whose acts or omissions conform to those deemed lawful by DOL opinion letters can take advantage of both safe harbors. In addition, under 29 U.S.C. § 255(a), non-willful violations of the FLSA carry a two-year statute of limitations, as opposed to the three-year statute of limitations for willful violations. An employer acting in accordance with a reasonable reading of a DOL opinion letter would ostensibly have a persuasive argument that its violation of the FLSA (if any) was not willful.

An audit of exempt positions is also beneficial because an employer may be liable for unpaid compensation and liquidated damages going back up to three years for a willful violation of the FLSA in misclassifying an employee as overtime exempt. (29 U.S.C. sec. 255.)LCW’s wage and hour attorneys routinely conduct FLSA audits and provide wage and hour advice and counsel to our public agency clients and are available to advise agencies on the impact of these new FLSA salary basis test regulations. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.

FLSA imposes explicit time limits by which aggrieved employees must file suit. 29 U.S.C. §255. These limits are "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.

A2: A two-year statute of limitations applies to the recovery of unpaid minimum and/or overtime wages, except in the case of a willful violation, in which case a 3-year statute applies. See 29 U.S.C. § 255(a). Under the FLSA, the WHD may resolve the issue of compliance and payment of back wages.