Florida Termination Laws Final Paycheck
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FAQ
If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. The Department also has mechanisms in place for the recovery of back wages.
In Florida, a terminating employee must be paid their final paycheck no later than the next regularly scheduled pay date. So, if your company pays bi-weekly, an employee leaving employment (either through termination or voluntary quit) must be paid on the next pay date. So, holding a paycheck is not permissible.
Can the employer hold the paycheck until the equipment is returned, or deduct the cost from the final pay? An employer cannot withhold a terminated employee's paycheck until equipment is returned.
The Fair Labor Standards Act (FLSA) requires employers to pay all wages due for the pay period by the employee's next regularly scheduled payday. This means that when an employee terminates, you must deliver their final wages by their next payday ? regardless of whether they return company property.