Florida Final Paycheck Law 2025 Explained

Losing a job is stressful enough without wondering when your last paycheck will arrive. Whether you’ve quit, been laid off, or were fired, your final pay can make a big difference as you transition to your next opportunity. And while Florida doesn’t have as many employment protections as some other states, that doesn’t mean your employer can withhold wages you’ve already earned. Knowing the Florida final paycheck law can help you know your rights.

Final Paycheck Law in Florida

Florida does not have a state law that requires employers to pay you immediately upon termination, which can be a surprise to many people. Instead, Florida follows federal wage law through the Fair Labor Standards Act (FLSA), which mandates that you be paid for all the time you worked, just not necessarily right away. If you’re unsure about your rights at work, talking to a Fort Lauderdale employment lawyer can help protect what you’ve earned.

Many may wonder if this is the case, and when you should expect your final paycheck. The answer is on your next regular payday. If you were fired or quit mid-pay period, your employer should pay you the wages owed by the time they typically issue paychecks. For example, if your company pays on the 1st and 15th, and you leave on the 10th, your final wages should be paid by the 15th.

What’s Included in Your Final Paycheck

At a minimum, your final paycheck must cover all hours you worked up to your last day, including overtime if you’re eligible for it. However, what about unused vacation or PTO? That depends entirely on your employer’s internal policies. Florida law doesn’t require payout of unused vacation unless your company policy or employment agreement says they will. You may also be able to recover extra hours by speaking with a Fort Lauderdale unpaid wages lawyer.

If you were promised vacation payout in writing, or if your company consistently pays it out to other employees, your employer should do the same for you. Otherwise, they may be in breach of contract. Otherwise, they may be in breach of contract. When pay issues relate to written deals or agreements, a business contract lawyer can help enforce them.

What Employers Can Deduct

This can be one of the most confusing areas of employment law and final pay. Employers cannot withhold your final paycheck as a form of punishment, even if you didn’t give notice or if there was a workplace dispute. However, they may deduct certain costs from your last check, but only under specific circumstances. Employers may legally deduct the following:

• Costs for unreturned company equipment, but only if you agreed to it in writing
• Outstanding loans or pay advances
• Court-ordered garnishments, like child support

Even with these deductions, your paycheck can’t be reduced below the minimum wage for your hours worked. If you suspect your employer made unfair or unauthorized deductions, it may be time to speak with a local employment attorney. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

What Happens if You Don’t Get Paid

Not receiving your final paycheck isn’t just frustrating. It’s a potential violation of federal law. If your employer doesn’t pay you by the next scheduled payday, your first step should be to contact the Human Resources Department and ask for clarification in writing. Sometimes it’s an oversight or paperwork delay. If you don’t receive a clear answer or if your paycheck is still missing, you may need to try other methods. You may try the following approaches:

• You can file a complaint with the US Department of Labor, which investigates violations of the Fair Labor Standards Act (FLSA).
• If your issue involves discrimination, retaliation, or another protected employment issue, you can file with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations.
• For direct legal action, you can file a civil claim in small claims court or speak with an employment lawyer about a wage claim.

In Broward County, many workers resolve disputes through the Broward County Courthouse in Fort Lauderdale. If you’re located in Hollywood or nearby, it’s worth knowing this is the main venue for wage-related legal actions in the area.

Filing a Claim for a Late or Missing Paycheck

Under the FLSA, you may be entitled to back pay, interest, and attorney’s fees. A person may also file a claim if there are additional issues at play, such as discrimination or retaliation.

Keep in mind that legal deadlines (called statutes of limitations) apply. In most wage cases, you have up to two years to file a claim, or three years if the violation was willful. However, acting quickly increases your chances of recovering what you’re owed.

In fiscal year 2024, the Wage and Hour Division recovered over $273 million in back wages, helping almost 152,000 workers across the nation. The average amount of back pay for each employee was $1,333.

FAQs

Q: What Are the Rules for Final Paychecks in Florida?

A: Florida does not have a specific law for final paychecks. However, the state does follow wage and hour laws. Generally speaking, workers must be paid by the next payday. This includes all wages earned up to the last day of work. An employee may be paid for unused vacation time only if they were told they would be through company policy.

Q: How Long Does an Employer Have to Pay You After You Quit in Florida?

A: If you voluntarily quit in Florida, an employer must pay you by the next scheduled payday. There is no state law that states a specific deadline for pay. It must only be in accordance with your employer’s pay schedule. If you are not paid on time, you may have grounds to file a complaint or seek legal recourse.

Q: What Should I Do If I Didn’t Receive My Final Paycheck?

A: If you did not receive your final paycheck, contact your previous employer’s Human Resources Department. It could be an oversight or an accident. Be sure to request your payment in writing so there is evidence of your communication. If that doesn’t resolve the issue, you can file a complaint with the US Department of Labor or consult an employment attorney.

Q: What Are the Termination Laws in Florida?

A: Florida is an at-will employment state, which means that they can terminate you for any reason and without notice, so long as that reason violates neither federal nor Florida employment laws. Illegal reasons include termination due to age, pregnancy status, retaliation, refusing sexual favors, or refusing to participate in illegal activity. If an employee is terminated under any of these grounds, they may have the option for legal recourse.

Contact The Law Office of Michelle Cohen Levy, P.A.

If you didn’t receive your final paycheck, The Law Office of Michelle Cohen Levy, P.A., can help you seek justice. Contact us today for more information.