Towson, Maryland overtime claim attorney Bruce Luchansky answers the question: “According to the rules for overtime pay in Maryland, how long do I have to file an overtime pay claim?”
Under applicable law, you are able to recover unpaid overtime for a period of 2 years. That period is extended to 3 years if it is determined that the employer’s failure to pay overtime was “willful.” In most cases, therefore, it is important to act quickly if your employer systematically has not been paying you overtime for a substantial period of time. If, for instance, the employer recently fired you, and the employer has not been paying you overtime for years, then with each day that goes by, the 2 year (non-willful) period loses another day in the covered period. For example, if your employment ends on June 1, 2013, then as of that day, you may go back to claim overtime for 2 years, back to June 1, 2011. However, on June 2, 2013, you may go back 2 years to June 2, 2012. On June 3, 2011, you may go back 2 years to June 3, 2013 – and so on. The quicker you act, the more unpaid overtime compensation you may be able to recover.