QUESTION
Is there a Statute of Limitations for being paid on "Chinese Overtime"?
Asked on Mar 18th, 2016 on Labor and Employment - Tennessee
More details to this question:
My former employer in the first 3 years of employment had a "Chinese Overtime" pay scale. He since had to go to time and a half for overtime hours. Do I have a case of suing the former employer for back pay related to this illegal pay scale?
1 ANSWER
4 Awards
"Chinese overtime" is not a legal term. You probably are referring to a fluctuating workweek flat salary situation. In any case, the Fair Labor Standards Act has a statute of limitation period of 2 years and, in some very limited circumstances, 3 years. Here is the thing: it is a rolling statute of limitations. That means the statue runs backwards in time. Each day moving forward is a day lost off "the back end." You should consult with an experienced employment attorney as soon as possible if you want to move forward with a possible claim.
Answered on Mar 19th, 2016 at 7:26 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.