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Florida Labor & Employment Lawyer > Blog > Wage and Hour > Employer Never Sent Last Paycheck? What To Know About Your Rights In Florida

Employer Never Sent Last Paycheck? What To Know About Your Rights In Florida


Are you preparing to leave your job or did you recently separate from your employer? Whether you quit, were laid off, or were otherwise terminated, you may have questions about your right to receive a final paycheck. There are important federal and state regulations that give workers the right to hold their employers accountable if they were improperly denied their final paycheck. In this article, you will find a comprehensive overview of the key things to know about your rights if your employer never sent your final paycheck in Florida.

Florida has Limited Paycheck Laws 

First and foremost, it is important to emphasize that Florida has very limited “paycheck” laws on the books. While there is a regulation in place that requires employers to provide employees with a reasonably detailed paycheck that shows wages earned, taxes paid, and other deductions, there is no specific law that requires an employer to pay wages on a certain date. Your employer does not have to provide your final paycheck on the day that you quit or are terminated.

 The FLSA and Florida Law Guarantees Your Right to Receive Wages 

If you were not properly paid your final paycheck, you have rights under both federal law and Florida state law. Under the federal Fair Labor Standards Act (FLSA), you can hold an employer legally liable for unpaid wages. By definition, an employer that fails to issue a final paycheck is violating an employee’s right to a federally-guaranteed minimum wage. Under Florida law (Florida Statutes § 448.109), an employer can be liable for failure to pay a state-mandated minimum wage. Through a claim under Florida Statutes § 448.109, a worker who was improperly denied a final paycheck can seek full back pay, other damages, and recoupment of reasonable attorneys’ fees.

Note: Neither the FLSA nor Florida law require immediate issuance of a final paycheck. Employers can issue final checks during the standard pay period.

Certain Deductions are Lawful—But Employer Must Have Good Cause 

Disputes over an employee’s final paycheck can arise when deductions are taken out of it. Under both federal law and state law, it is lawful for employers to take certain deductions. It is possible that a deduction could be taken from a final paycheck to cover:

  • A cash drawer shortage;
  • Damage to the employer’s property; and
  • Unreturned uniforms, tools, or other equipment.

If you believe that an improper deduction was taken from your final paycheck in Florida, you should not hesitate to reach out to an experienced unpaid wage lawyer. Your attorney will be able to review the circumstances and help you determine the best course of action.

Get Help From an Employment Law Attorney in Florida 

The FLSA is clear: Employers have a responsibility to pay employees for the hours that they work. If your final paycheck was never sent, your rights may have been violated. Consult with an experienced wage and hour lawyer in Florida to get help with your case.

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