The Fair Labor Standards Act has either a two-year statute of limitations or a three-year statute of limitations depending on whether is determined to be “willful.”
This means that individuals can only recover going back at most three years from the date that the individual files a lawsuit or joins a lawsuit by filing an opt-in form.
Thus time is critical. You must file your lawsuit and the opt-in form (consent to join) as soon as possible to preserve your claim. You have not joined a lawsuit until the form is filed with the Court.