How long do I have to file a claim for back wages in Texas? If you are an employee who is not receiving fair wages or overtime pay at your job, or you previously worked for an employer who did not provide you with fair compensation, you are probably wonder what your rights are and what you can do to file a claim for the back wages that are rightfully yours. Every worker is entitled to some sort of protection under the Fair Labor Standards Act. Depending on your job duties, you are entitled to pay at time and a half of that hourly wage for the hours you worked over 40 during one week. If you are performing non-exempt work under the FLSA but are not receiving these basic rights, you have the right to make a claim. This Kennedy Hodges, LLP video explains the amount of time that you have to file a claim for back wages. According to the FLSA, you have two years from the time that you were not receiving the earned overtime to file the claim. However, if you can prove that the employer willfully did not pay you overtime and that it was not an oversight, accounting error or mathematical problem, you have three years to file. Need help proving that this happened? Call 888. 449.2068 and the lawyers at Kennedy Hodges will sit down with you – for free – to discuss your options. They will also provide you with a free copy of their book, the Ten Biggest Mistakes That Can Hurt Your Wage & Overtime Claim.