States must adhere to the federal labor law rules issued by the U.S. Department of Labor. These federal rules serve as the minimum requirements that each state’s employers must follow. Federal law does not require employers to provide employees with their last paycheck immediately. Although some states statutorily require employers to pay its employees immediately, Florida is not one of them.
Absence of Statutory Regulations in Florida
Although federal rules do not require employers to provide a final paycheck to exiting employees immediately, federal law requires employers to pay the employee by the last day of the subsequent pay cycle. The Department of Labor’s Wage and Hour Division mandates that employers pay their employees by this time.
Some states place a duty on employers to pay its employees immediately or within a strict time period. Florida does not have any statute differentiating payment for these different scenarios.
Florida’s Wage Requirements
Chapter 448 of Florida’s States of General Regulations provides that a legal day’s work is considered 10 hours. Therefore, if an employer can’t prove that an employee worked less than 10 hours, the employer may have to compensate the employee for the entire 10 hours. Any hours exceeding the 10 hours may be compensated as overtime pay.
Fair Labor Standards Act
Although each state may legislatively provide additional protections to employees, employers have legal obligations to follow the established Department of Labor’s employment regulations.
Since Florida is silent as to last paycheck rules, the Fair Labor Standards Act regarding minimum wage laws, overtime and recordkeeping duties must be adhered to. The Wage and Hour Division enforces the FLSA for covered employees. Basic wage laws require employers to pay its employees the minimum hourly wage rate and overtime pay for work performed in excess of 40 hours weekly.
The FLSA places a duty on employers to retain wage and hour records for the purposes of determining overtime pay compensation. Failure to pay the covered employee the hourly minimum wage amount may lead to civil fines assessed upon employers. Further violations may even lead to prison time.
If an employer in Florida does not retain the level of record-keeping required under federal law, then employers may have to compensate the employee for the entire pay cycle at the employee's regular pay rate.