Statute of Limitations on Claims under Fair Labor Standards Act

An advance decision was requested concerning the statute of limitations on claims of certain nonexempt employees to retroactive payments of overtime compensation under the Fair Labor Standards Act (FLSA). The 2-year statute of limitations under the act applies to actions at law, but not to cognizable claims filed with GAO which have a 6-year time limitation. FLSA claims, which are not in doubt, may be paid by the agencies. In order to protect the interests of employees, claims over 4 years old should be forwarded to GAO for recording.