US federal district courts
What is the deadline for FLSA action, willful violation?
The period for FLSA action, willful violation normally runs 3 years from accrual of the cause of action where the violation is willful, under 29 USC 255(a). The period is measured in calendar years.
Calculate my deadline- Period
- 3 years
- Trigger
- Accrual of the cause of action where the violation is willful
- Rule
- 29 USC 255(a)
Federal Rules of Civil Procedure amended through 2025
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Calculate your deadline
Enter the date of accrual of the cause of action where the violation is willful. See the date, cited rule and counting steps.
Type MM/DD/YYYY or choose a date. Use the date of the accrual of the cause of action where the violation is willful, not a nearby date.
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Which date starts the 3 years period?
The period runs from the accrual of the cause of action where the violation is willful.
For 29 USC 255(a), count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read 29 USC 255except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued
29 USC 255(a)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it. Confirm that event before applying 29 USC 255(a).
Which date do I enter?How are the 3 years counted?
- 29 USC 255(a). Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.
The 29 USC 255(a) record uses this method. Exclude the trigger day and count calendar days under FRCP 6(a).
For 29 USC 255(a), if the final day is a Saturday, Sunday or legal holiday, FRCP 6(a) carries it to the next open day.
The supporting computation provision for 29 USC 255(a) adds this boundary. Rule 6(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the filing cutoff at midnight in the court’s time zone for electronic filing. The rule calculation does not confirm those court-specific facts.
Read FRCP 6(a)The calculation applies the ordinary method recorded for 29 USC 255(a). Check applicable holidays, court accessibility and the filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the accrual of the cause of action where the violation is willful on Tuesday, September 1, 2026 (accrual of the cause of action where the violation is willful on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under FRCP 6(a). The last counted day falls on a weekend or legal holiday, so the deadline moves to the next open day. The example assumes no local rule, order or closure changes the ordinary period under 29 USC 255(a).
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Period ends | 3 years measured under the cited rule | September 3, 2029 |
Can an order, motion or extension change the deadline?
- Extensions
- Wilfulness must be pleaded and proved: the Supreme Court test is that the employer knew or showed reckless disregard for whether its conduct was prohibited. The third year is not available by default.
- Orders and local rules
- A scheduling order, approved stipulation, standing order or local rule can control over the ordinary period described by 29 USC 255(a).
- Wilfulness must be pleaded and proved: the Supreme Court test is that the employer knew or showed reckless disregard for whether its conduct was prohibited. The third year is not available by default.
- A stipulation, scheduling order, standing order or local rule can control over the ordinary period described by 29 USC 255(a).
What should I check before filing?
Use these checks before relying on the 29 USC 255(a) result. They do not activate a calendar date or certify that the rule applies.
Common questions
Find answers about when the 3 years period under 29 USC 255(a) starts, how it is counted and what can change it.
Starting the clock
Does the clock start on the accrual of the cause of action where the violation is willful, or when I first learned of it?
Under 29 USC 255(a), the period runs from the accrual of the cause of action where the violation is willful, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Read 29 USC 255Do I add three days because the document arrived by mail?
Not to the period under 29 USC 255(a). FRCP 6(d) concerns periods measured after service. This period runs from the accrual of the cause of action where the violation is willful, so no mailing days are added.
FRCP 6(d)Counting days and filing
Which time zone and filing cutoff apply?
Under FRCP 6(a)(4), electronic filing ends at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Paper filing ends when the clerk’s office is scheduled to close. This calculator does not verify either fact. Confirm that boundary before relying on a 29 USC 255(a) result.
FRCP 6(a)What if the court is inaccessible on the last day?
FRCP 6(a)(3) extends the period to the first accessible day that is not a weekend or legal holiday when the clerk’s office is inaccessible on the last day. Check the court’s closure notices and orders. The encoded holiday calendar does not establish an outage or local closure. This check remains separate from the ordinary 29 USC 255(a) count.
FRCP 6(a)Extensions and local rules
Can the court extend this deadline?
Wilfulness must be pleaded and proved: the Supreme Court test is that the employer knew or showed reckless disregard for whether its conduct was prohibited. The third year is not available by default. A request does not itself extend the period under 29 USC 255(a), and no discretionary extension is calculated here.
Read 29 USC 255Do local rules, standing orders or a scheduling order change the date?
They can. A local rule, standing order or case-specific order can control over the ordinary period calculated under 29 USC 255(a). Compare the result with every applicable order before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under 29 USC 255(a). It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free calculation under 29 USC 255(a), including the citation, counting steps and warnings. Court-specific facts can keep a result provisional.
Results, records and your case
What is included in an Evidence Record?
An eligible 29 USC 255(a) record retains the inputs, result, cited rule, calculation working, warnings and review state. It records that calculation and its fingerprint, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. A provisional 29 USC 255(a) result remains subject to review, and a separately labeled manual date does not alter the original calculation.
Official sources and review
The period for 29 USC 255(a) and its counting method come from the cited federal provisions. Official links open the court’s published rules and accessible rule text where available.
| Provision | Purpose |
|---|---|
| 29 USC 255(a) | Trigger and period |
| FRCP 6(a) | Counting, legal holidays and the last day |
Published by Deadline Engine. This calculator applies the ordinary period under 29 USC 255(a). It does not decide whether the rule applies, obtain an extension or file anything for you.