FEDERAL AND WASHINGTON STATE STATUTES OF LIMITATIONS IN EMPLOYMENT/LABOR ACTIONS

Please note that the statutes of limitation set forth herein are for informational purposes only and are effective as of February 22, 2017, and are subject to change and regularly do change.  You should always check with an attorney regarding the current statute of limitations for your specific type of claim.

Violations of the Family and Medical Leave Act (“FMLA”) in general should be filed within 2 years.  However, if the violations were willful, they could be filed within 3 years.

For companies with between eight and fourteen (8-14) employees, claims for discrimination based on race, national origin, sex or religion should be filed within 6 months and should be filed with the Washington State Human Rights Commission (WSHRC).

For companies with fifteen (15) or more employees, claims for discrimination based on race, national origin, sex or religion should be filed within 180 calendar days and should be filed with the Equal Employment Opportunity Commission EEOC.

However, claims based on sex discrimination under the Equal Pay Act regarding wages and benefits can be filed within two (2) years.

In Washington state, the statute of limitations for minimum wage and overtime claims is three (3) years.  Your case can be brought either in a court or with the Washington State Department of Labor and Industry.

Under the federal Fair Labor Standards Act (“FLSA”), the statute of limitations for minimum wages and overtime claims is two (2) years.  However, if the failure to pay minimum wage or overtime was willful on the part of the employer, then the statute of limitations is extended to three (3) years.

In Washington state, the statute of limitations for a breach of contract claim is three (3) years for an oral contract and six (6) years for a written contract.  You can bring your claim either in a court or with the Washington State Department of Labor and Industry.

In Washington state, the statute of limitations for a claim for rest or meal break violations is three (3) years.  You can bring your claim either in a court or with the Washington State Department of Labor and Industry.

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