How long can a company hold your pay after you leave?

UPDATED: Jan 30, 2011

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How long can a company hold your pay after you leave?

Asked on January 30, 2011 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unlike the majority of other states, FL does not have a law setting a timeframe for the payment of an employee's final paycheck.  However, in the absence of specific state law, states must adhere to the federal labor law rules which serve as the minimum requirements that each state's employers must follow.  Accordingly, while federal law does not require employers to provide employees with their last paycheck immediately, it does require employers to pay an employee by the last day of the subsequent pay cycle.

If your former employer is not complying with the above requirement, your first step should be to contact the FL Department of Labor and Employment Security and see if they can help you.  If they can't help, and your employer still does not pay, you may be forced to sue to recover your money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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