(NOT SEEKING LEGAL ADVICE - ONLY UNDERSTANDING OF HOW THIS LAW WORKS)

I learned that in 2020, Virginia signed a new law that allows misclassified employees to sue solely based on those grounds.

The Statute of Limitations is 2 years for unknowingly misclassifying, and 3 years for knowingly misclassifying.

Does that mean if I was working while misclassified for a duration beyond the S.O.L. that I could no longer sue?

Or does it mean I can sue only for the duration within the S.O.L?

Example: I worked for Joe for 5 years. I was misclassified since the beginning of my employment. I became aware of it on year 5. Can I sue him for the last 2/3 years of work time since I became aware of the misclassification, OR, have I completely missed the deadline, and I’m unable to sue at all?

I hope this is written clearly and in a succinct manner. I appreciate anyone who takes the time to answer my question.