When you believe an employer has violated employment law, you can file a complaint accordingly. You may file a claim with state agencies for state law violations, and federal agencies for federal violations. Sometimes, you may file claims with both.
The statute of limitations determines how much time you have to file a complaint. The timeframe for taking action can depend on the specific type of complaint you’re filing.
EEOC Employment Law Claims Statute of Limitations
The U.S. Equal Employment Opportunity Commission is the federal agency responsible for handling employment discrimination claims. Someone may file a discrimination claim with the EEOC if they have experienced workplace discrimination on the basis of any of the following qualities:
- Race
- Color
- Religion
- Sex
- Gender identity
- Pregnancy status
- Sexual orientation
- National origin
- Disability
- Age (if you’re 40 or older)
- Genetic information
Additionally, you may file an equal pay claim if you feel you have not been properly compensated for your work due to workplace discrimination. The EEOC also handles retaliation claims when employers punish employees for exercising such legal rights as filing complaints.
For most of these types of complaints, you have 180 days from when you experienced discrimination or retaliation to file a complaint. However, if you file a complaint under the Equal Pay Act, you may have two years to take action.
U.S. Department of Labor Wage and Hour Division
The Wage and Hour Division of the U.S. Department of Labor is the federal agency handling complaints regarding such matters as:
- The federal minimum wage
- Overtime pay
- Recordkeeping requirements
- Child labor laws
How long you have to file a complaint with the wage and hour division depends on the type of wage theft violation that has prompted your complaint. You have two years from the violation to file a complaint for a non-willful violation. This is a violation an employer may have unintentionally committed. The statute of limitations for this type of employment law claim extends to three years if a willful violation has occurred.
Filing With Your State Agency
A state agency may also handle your employment law claim. The time frame you have to submit a complaint to a state agency can vary from one state to another. Consider the following examples:
- In New York, you have one year to file a complaint for violations that occurred before February 15, 2024, and three years to file complaints for violations that occurred after that date.
- The Illinois Department of Human Rights grants residents 300 days to file employment law claims.
- Californians have one year to file employment law claims in their state.
Again, these are just examples. Check with your state agency to ensure you thoroughly understand the deadline.
Get Helping With Your Employment Claim
Navigating the legal process when filing an employment law claim doesn’t need to be as overwhelming as it may feel. An employment law lawyer could simplify the process and ensure you take action before the statute of limitations runs out. Learn more by taking the Free Case Evaluation today to speak with an employment law attorney handling cases like yours.
