Paycheck laws, or pay day requirements, are written into the laws of each individual state and vary by state. These laws typically govern the frequency of pay, whether it is weekly, bi-weekly, semi-monthly, or monthly.
Paycheck laws also provide guidance for employees’ last paychecks. This includes what steps to take when a paycheck is late, for example, whether there may be a late paycheck penalty for an employer.
Florida paycheck laws require that an employer provide their employees with a detailed paycheck. A paycheck should show all of the individual’s wages earned in that pay period, taxes that were deducted, and any other details that are relevant to the pay period.
It is important to be aware that Florida does not have other payday laws. This means that, in Florida, employers can create any type of pay scheme that best suits the needs of their business.
In addition, the wages of a deceased employee may be paid to the following parties:
- The employee’s surviving spouse;
- The employee’s surviving children who are over 18 years of age;
- The employee’s surviving parents, in this order.
The majority of states have laws that outline the requirements for how often an employee has to be paid. How often an employee should be paid depends on the location of their employment as well as the type of work they perform.
The laws of a state may require an employer to pay a worker for their services within a set timeframe. If an individual has any questions regarding Florida paycheck laws, they should consult with a local Florida attorney.
How Long Does an Employer Have to Pay You After Payday?
The timeline for when employees receive their paychecks may vary due to several factors. One important factor may be the employment agreement between the employer and the employee.
Florida paycheck laws provide that all paychecks have to be provided for regular pay periods of no greater than one calendar month or thirty days, whichever is longer. The paychecks that are included in the pay periods noted above do not apply to reimbursement payments that are owed to an employee.
In addition, this does not apply to profits that are owed under a profit-sharing plan, a pension plan, or other similar deferred compensation plans that an employee participates in. Otherwise, there is no Florida law that outlines how often employees have to be paid.
How Long Does an Employer Have to Pay You After Being Fired?
Florida’s last paycheck laws do not specify a timeline for a worker to receive their final paycheck if they have been fired in Florida. Regardless of whether an individual quits their job or is terminated, they are still entitled to be paid for the last pay period that they worked.
In general, Florida employers are not required to pay their employees for accrued or unused vacation time if they have been terminated. Individual employers can create their own policies in terms of the use of vacation time.
Under the Florida Office of Workforce Services, employees who are experiencing issues related to obtaining their final paycheck when they have been terminated should contact the United States Department of Labor.
Can an Employer Hold Your Last Paycheck if You Quit?
An employer may be unlawfully withholding a worker’s paycheck. If so, the worker should try to recover their paycheck by contacting their employer. This request should be done in writing and contain a request for the wages that they are owed.
If the employer still refuses to release the paycheck they are withholding, the worker should consider filing an employment complaint with Florida’s labor agency. In the alternative, the worker may file a claim in small claims court, as they may have a claim for violation of federal and state wage laws.
Can Your Paycheck Be Garnished?
Wage garnishment occurs when a creditor obtains a court order to garnish an individual’s wages. This is done to ensure that the individual repays the debts they owe to their creditors.
For example, if an individual defaults on a payment plan, the creditor may be able to go after the debtor for the remainder of the balance due. The worker might not pay the remaining balance due. In that case, the creditor may file a civil lawsuit to have a court order to pay the amount in addition to the attorney fees accumulated while pursuing payment.
It is important to note that different states have different laws that govern when wage garnishments are permitted. Under Florida law, the amount that a creditor is permitted to take from a worker’s paycheck is limited.
The laws governing Florida wage garnishments follow the federal wage garnishment laws. There are, however, some exceptions that are available to Florida employees.
Creditors are only permitted to garnish up to 25% of an employee’s paycheck if their wages meet a minimum threshold. The threshold is if the disposable income of the employee exceeds 30 times more than the federal minimum wage.
There are some types of debts, however, that allow for a creditor to garnish a larger amount. The majority of creditors are not permitted to garnish wages from an individual’s paycheck until they have received a court order.
The exceptions that allow creditors to garnish wages from a worker’s paycheck without a court judgment include:
- Unpaid income taxes;
- Civil court judgments;
- Child support payments; and
- Defaulted student loans.
Florida Wage Deduction Laws
Federal employment laws permit employers to make specific paycheck deductions, but only under certain circumstances. One of these circumstances includes company property that is not returned.
In addition, as noted above, federal laws do not require employers to immediately provide employees with their final paycheck. This means that employers may be permitted to withhold a worker’s final paycheck until they have returned all of the necessary company property.
The State of Florida does not have any laws that regulate what deductions can or cannot be taken from a worker’s paycheck. In addition, Florida does not have any laws governing whether an employee is required to provide written consent before the employer makes any deductions.
This means that an employer can lawfully withhold or deduct wages from an employee’s paycheck. Examples of common deductions include, but are not limited to:
- Cash shortages;
- Damage or loss of the employer’s property;
- Dishonored or returned paychecks;
- Required uniforms, tools, etc;
- Any other items that are necessary to be employed.
Pursuant to federal laws governing wage deductions, however, employers are not permitted to make deductions for any of the items listed above if it would cause the employee to earn less than the federal minimum wage. This applies to the pay period during which the deduction was made.
What Can I Do if My Employer Doesn’t Pay Me?
Under Florida employment law, employees can bring civil cleft claims against employers when the employer has not paid wages that are due. Prior to filing an action in court, an employee is required to provide their employer with written notice of the claim and give their employer 30 days to pay the amount that is due.
Where Can You Find the Right Lawyer?
If you are having issues with your paycheck in Florida, you should consult with a Florida employment lawyer. Your lawyer can advise you regarding the paycheck laws in Florida and how they apply to your specific situation.
Your lawyer can also help you determine if your employer is acting lawfully or is violating any state or federal paycheck laws. In addition, your attorney will provide you with guidance regarding what legal action you can take and the evidence needed to support your claim.
