Under Florida law, there are limits in the amount that a creditor can take from your paycheck if you owe debt. In addition, federal law does not require employers to give their employees their final paycheck as well. In other words, as soon as you work your last day, your employer does not have to immediately send out your last paycheck. Severance pay is a benefit for many employees in Florida, but labor laws in Florida do not require a severance package. According to the Florida Office of Workforce Services, those employees who are having trouble getting their last paycheck should seek help from the United States Department of Labor. To best protect your legal rights, you should discuss your situation with an employment lawyer. Some federal law offers a few rules and guidelines under the U.S. Department of Labor’s Fair Labor Standards Act (FLSA), but in general, individual state laws dictate the requirements for issuing last paychecks. Contact Info For Final And Unclaimed Paycheck Requirements For Florida Florida Department of Economic Opportunity 107 E Madison St Tallahassee, FL 32399 850-245-7105 www.floridajobs.org References and Disclaimers: This information is based on a variety of state laws and regulations, and is subject to change. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Accrued/Unused Time There are no provisions in Florida's wage and labor laws requiring employers to pay a terminated employee accrued, but unused vacation and sick time. The federal Fair Labor Standards Act (FLSA) and Florida law set the rules for minimum wage, overtime, and other wage and hour protections. An employment contract may include an employer’s own timeframe for giving an employee their final paycheck that goes outside the next scheduled pay period. Understanding these laws is important to safeguard an employee’s rights. Data does not include vacant positions. There is no requirement in Florida that an employer tender a final paycheck immediately upon an employee’s termination. Florida has become one of a handful of states that is increasing its minimum wage to $15 an hour. Florida becomes the eighth state to approve a $15-an-hour minimum wage, and the second-most populous to do so. If an employer fails to give the final paycheck on the next scheduled payday, the Department of Labor says that an employee in Florida should contact the Department of Labor’s Wage and Hour Division, or Florida’s labor department. Most creditors cannot do wage garnishment from your paycheck until they have received a court older. What Are the Rules on Final Paychecks in Florida? 448.01 et. Property Law, Products Services Law, Real What recourse does an employee have under Florida law if he or she is unable to obtain his or her final paycheck from a former employer. Law, Government Florida Laws Prohibiting Discrimination and Harassment An estimated 200,000 Florida residents currently live on the state minimum wage, which equates to a yearly salary of just under $18,000. This means that the employee would get their paycheck on the next scheduled pay period after they are fired or terminated. Florida law does not require employers to offer any paid vacation days, although many still do. Employees should receive wages, including overtime pay, for the work they perform, and this should generally be at the rate agreed upon in the employment contract. The paychecks in those pay periods described above do not apply to reimbursement payments due an employee under a profit-sharing plan, a pension plan, or other similar deferred compensation plans that the employee is under in their work. Under the amendment, the minimum wage in Florida will increase from the current $8.56/hour to $15 by September 2026. Some states, however, may require immediate payment. As an employer, you must follow your state’s final paycheck laws. If your employer has withheld an amount from your final paycheck for property you kept, a Florida employment lawyer may be able to help collect your final paycheck. (1) It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, then to the father or mother, any wages or travel expenses that may be due such employee at the time of his or her death. Florida (FL) wage and hour laws do not specifically state that employers are required to give lunch breaks to those over 18. A creditor may garnish your wages from your paycheck without court judgment for the following: Federal and state wage and labor laws, which includes Florida’s state law, require employers to pay employees when its due. And in some states, the final paycheck laws depend on whether the employee was fired or quit. Florida voted Tuesday to raise the state’s minimum wage to $15 an hour in steps by 2026. Florida labor laws do not have laws governing the payment of overtime. Meanwhile, the federal minimum wage remains at $7.25. LegalMatch Call You Recently. If your Florida employer has failed to pay you according to state law requirements or if you are an employer, you should speak with an attorney to ensure that your payment schedules are in full compliance with the applicable state laws. Depending on the location of your employment and the type of work you perform, the law may require your employer to pay you for your services within a certain period of time. Employers are legally obligated under the Fair Labor Standards Act to follow certain rules and regulations regarding when employees should be paid. To learn about Ki’s career and accomplishments, check out his Linkedin page for more information.