United States · Florida limitation periods
When must a covered Florida ordinary wage or overtime action be commenced?
Section 95.11(5)(d) gives two years for the stated wage, overtime, damage or penalty action. Florida Minimum Wage Act claims have separate four-year or willful five-year treatment. This calculator covers the ordinary two-year category after the actual cause and accrual have been established.
- Period
- Two calendar years in the stated ordinary category
- Trigger
- Established ordinary wage-action accrual date
- Rule
- 2026 Florida Statutes section 95.11(5)(d)
2026 Florida Statutes, retained 2022 edition, reviewed 2023 and 2024 laws, and current court compilations
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Which actual event starts this Florida limitation period?
Identify the actual wage, overtime, damage or penalty cause.
Confirm it belongs to the ordinary two-year category rather than section 448.110 minimum-wage treatment.
Establish legal accrual and preserve the relevant work and payment records.
2026 Florida Statutes section 95.11(5)(d)How does Florida treat this limitation?
- Identify the actual wage, overtime, damage or penalty cause.
- Establish the stated statutory category and its actual trigger first. Add the stated number of calendar years to its corresponding month and day. Apply the governing final-day treatment. Do not replace the legally established trigger with a later bill, demand, discovery or denial unless its governing provision supplies that event.
- Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
- Complete the required act with the proper court or recipient.
Use the corresponding calendar-year anniversary of the independently established event. Intermediate weekends, holidays and leap-year days do not convert a year into 365 working or calendar days. Rule 2.514(a)(1)(C),(5),(6) moves an ineligible final day to the next eligible day. Check the observed statutory holidays, additional clerk holidays and chief-justice directions. This ordinary limitation calculation does not extend repose or decide any tolling interval.
McBride v. Guzina, M.D. Fla., order, pages 29 and 30What do the independently derived facts show?
Fictitious example
Fictitious facts. Use the ordinary section 95.11(5)(d) category only. Florida minimum-wage claims under section 448.110 and any differently governed federal claim require separate review. The legally established event is 2025-08-02. No tolling, different statutory category, additional clerk holiday or changed court direction applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Established ordinary wage-action accrual date | August 2, 2025 |
| Applicable period | Two calendar years in the stated ordinary category | August 2, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida limitation qualifications change the procedure?
- Minimum-wage actions have separate periods
- Section 95.11(2)(d) states five years for an alleged willful section 448.110 violation. Paragraph (3)(p) states four years for a violation other than willful. The two-year ordinary wage preset does not decide willfulness or calculate either minimum-wage period.
- Minimum-wage notice has its own tolling interval
- Section 448.110(6)(a),(b) prescribes written notice and fifteen calendar days after employer receipt to pay or resolve the claim. Its limitation is tolled during that interval. Those facts belong to the separate minimum-wage procedure and are not automatically added here.
- Tolling must be independently established
- Section 95.051 lists the permitted grounds and referenced laws. Absence, false name or concealment does not toll if sufficient jurisdictional service remains available. Minority and incapacity have stated conditions. This preset does not reconstruct tolling from negotiation, demand correspondence or a disputed factual interval.
- A foreign-barred cause requires a borrowing review
- Section 95.10 bars maintaining a cause that arose elsewhere when that jurisdiction already bars it through lapse of time. Preserve the actual place of accrual and governing law. A Florida calendar result does not revive that cause.
- This calculation does not decide the legal claim category, accrual, due diligence, tolling, an expired claim or valid commencement.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida limitation act
When must a covered Florida ordinary wage or overtime action be commenced?
Do all Florida minimum-wage claims use two years?
No. The statute separately states four years for a nonwillful violation and five years for a willful violation of section 448.110.
2026 Florida Statutes section 95.11(2)(d),(3)(p)Does a minimum-wage notice automatically add time here?
The section 448.110 notice and fifteen-day tolling belong to that separate procedure. This ordinary wage calculation does not apply them.
2026 Florida Statutes section 448.110(6)(a),(b)Does this calculate a federal wage deadline?
No. It addresses the stated Florida ordinary wage category and accepts independently established accrual.
2026 Florida Statutes section 95.11(5)(d)Official Florida limitation sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 95.11(5)(d) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 95.11(2)(d),(3)(p),(5)(d) | Minimum-wage actions have separate periods |
| 2026 Florida Statutes section 448.110(6)(a),(b),(8) | Minimum-wage notice has its own tolling interval |
| 2026 Florida Statutes section 95.051(1),(2) | Tolling must be independently established |
| 2026 Florida Statutes section 95.10 | A foreign-barred cause requires a borrowing review |
| 2026 Florida Statutes section 95.11 | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.031(1) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.051(1),(2) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.10 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)(4) | Applicable computation, filing, service and proof |
| McBride v. Guzina, M.D. Fla., order, pages 29 and 30 | Corresponding-year anniversary arithmetic, including intervening leap years |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |