December 4, 2013
Under FLSA, what is the statute of limitations on making overtime payments to nonexempt employees that were misclassified as exempt? This occurred at our company for about 20 years. We are under new management, which is trying to address the wrongdoing. However, there are still employees in management positions here who knowingly misclassified people. We are being told that our hours of overtime (eligible) to be compensated is limited to the last three years, and have been asked to estimate the actual hours we worked beyond straight time. How does this comport with federal statutes?