Florida law requires employers to give their employee a detailed paycheck that shows all their wages earned in that pay period, taxes deducted, and other inclusive details of their pay period. The paycheck given to employers must be made available to the employee once or twice a month or at the time of payment of wages or compensation. Most states have passed laws setting out the requirements of how often an employee must be paid. 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.
When Must Paychecks Be Sent Out?
The timeline for getting a paycheck can vary depending on the employment agreement between the employer and employee. Florida laws provides that all paychecks must be due for regular pay periods no greater than one calendar month or thirty days, whichever is longer. 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. Most states specify when your final paycheck is due by. A list of these requirements can be found at the Department of Labor's (DOL).
What Happens If You are Fired?
The timeline for getting a final paycheck after being in Florida has not been set. Although some states have requirements for when an employee should receive their final paycheck, Florida has no laws governing when employees must receive their final paycheck. 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. In addition, federal law does not require employers to give their employees their final paycheck as well. This means that the employee would get their paycheck on the next scheduled pay period after they are fired or terminated.
Generally Florida employers are not required to pay employers for accrued or unused vacation time if they are fired. Most states, including Florida don’t require employers to have to pay vacation time at termination. Employers may create their own kind of policy when it comes to the use of vacation time, but are not required to.
Can Your Paycheck be Garnished?
Under Florida law, there are limits in the amount that a creditor can take from your paycheck if you owe debt. The Florida wage garnishment laws follow the federal wage garnishment laws but there are some other exceptions are available in Florida that limit a creditors rights to take money from an employees paycheck. In Florida, the limits are that creditors with judgments can only take up to 25% of an employee’s paycheck if their wages meet a minimum threshold, which is if your disposable income exceeds 30 times more than the federal minimum wage
However, there are some types of debts, creditors can take more. Most creditors cannot do wage garnishment from your paycheck until they have received a court older. However, there are some exceptions. A creditor may garnish your wages from your paycheck without court judgment for the following:
- unpaid income taxes
- collect child support
- defaulted student loans.
Can You Recover a Withheld Paycheck?
Federal and state wage and labor laws, which includes Florida’s state law, require employers to pay employees when its due. Employers are legally obligated under the Fair Labor Standards Act to follow certain rules and regulations regarding when employees should be paid. If an employer is holding an employee’s paycheck, the employee may bring a claim in small claims court for their wages, or may also have a claim for violation of the Federal and State minimum wage laws.
Where Can You Find the Right Lawyer?
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. 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.