Florida Final Paycheck & Wage Payment

Florida has no statute setting when a final paycheck is due on termination or resignation, and no general private-sector pay-frequency law. This is an absence in a specific place: Chapter 448 (General Labor Regulations) is where Florida’s terms-and-conditions-of-employment rules live, and it contains no final-pay section. The one pay-period statute Florida does have, Fla. Stat. § 110.113, sets a monthly pay period for state officers and employees and has no private-sector counterpart. In practice, final wages are governed by your policy, contract, the FLSA, and the constitutional minimum-wage rules — so pay on the normal payday for the period worked, and pay everything actually earned.

The absence is not the same as no remedy. An employee who is shorted brings an ordinary unpaid-wage action, and Fla. Stat. § 448.08 lets a court award the prevailing party its costs and a reasonable attorney’s fee. That fee-shifting rule is what makes even a modest final-pay dispute worth a lawyer’s time, so “no deadline” should not be read as “low risk.”

Where unpaid wages implicate the state minimum wage, the worker must give written pre-suit notice and a 15-day cure window before suing (Fla. Stat. § 448.110(6)). Federal FLSA claims for minimum wage and overtime are also available, with their own remedies.

Wage deductions should be lawful and authorized; don't reduce pay below the minimum wage. Florida has no state income tax, so onboarding and payroll use federal withholding only (no state W-4 equivalent).

Even without a state deadline, pay final wages promptly on the regular payday to avoid FLSA and minimum-wage exposure, set clear written pay and deduction policies (they effectively fill the statutory gap), and resolve any flagged minimum-wage shortfall within the cure window.