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Payment upon Separation from Employment
Florida does not have any laws dictating when an employer must pay wages to employees
who:
- have been fired or discharged;
- voluntary quit or resign;
- have left work due to a labor dispute or strike; or
- are laid off
Wages in Dispute
Florida does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
Deductions from Wages
Florida does not have any laws regarding what deductions may or may not be taken from
an employees paycheck or whether an employee must provide written consent prior to any
deduction. The lack of a law prohibiting deductions likely means an employer can withhold
or deduct wages from an employees pay check for:
- cash shortages
- breakage, damage, or loss of the employer's property
- dishonored or returned checks
- required uniforms
- required tools
- other items necessary for employment
In accordance with federal law, an employer may not make deductions for any of the
above-listed items if it would cause the employee to earn less than federal minimum wage
for the period in which the deduction was made. DOL Fact Sheet #16.
Deductions to pay for an employee's portion of any fringe benefit would be permissible.
Fringe Benefits.
Uniforms, Tools, and Other Equipment Necessary for Employment
Florida does not have any laws prohibiting an employer from requiring an employee to
purchase a uniform, tools, or other items necessary for employment, except for employers
operating a labor pool. Labor pool employers may not charge day laborers for any safety
equipment, clothing, accessories, or any other required items. Florida Stat. Chapter 448.24
Medical or Physical Exams, including Drug Tests, Required for Employment
Florida does not have any laws prohibiting an employer from requiring an applicant or
employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.
Notice of Wage Reduction
Florida does not have any laws addressing when or how an employer may reduce an
employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction. However, a wage reduction can only be applied to hours
worked after the change and cannot be applied to hours already worked.
Statement of Wages (Pay Stub)
Florida does not have any laws requiring employers to provide employees at the time of
payment any notice of wages paid, wage rates, deductions, or other wage payment
information, except for employers operating labor pools. Labor pool employers must
provide day laborers a written itemized statement showing in detail each deduction made
from the wages. Florida Stat. Chapter 448.24
Record Keeping Requirements
Florida does not have any laws requiring an employer to keep any employment-related
documents.
Federal law requires every employer covered by the Fair Labor Standards Act (FLSA) to
keep certain records for each covered, nonexempt worker, for at least 3 years. For more
information, visit FLSA.
Frequency of Wage Payments
Florida does not have any laws dictating when or how frequently an employer must pay
employees their wages.
Manner of Payments
An employer may pay employees by:
- cash,
- check redeemable at face value without deduction or fee, or
- direct deposit into an account at a financial institution of the employee's choosing, so
long as the employee has consented in writing
Florida Stat. Chapter 532
Direct Deposit
An employer may pay wages to an employee by direct deposit, so long as the employee
has consented to direct deposit in writing and the employee is allowed to select the
financial institution with which the payment is deposited. An employer may not discharge,
refuse employment to, or take any other adverse employment action against an employee
who chooses not to have his or her wages paid by direct deposit. Florida Stat. Chapter 532
EmploymentLawHandbook.com
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Your Employment and Labor Law Resource
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Notice Requirements
Florida does not have any laws requiring employers to provide employees, whether at hire
or at any other time, of notice of wage rates, dates of pay, employment policies, fringe
benefits, or other terms and conditions of employment.
Wage Payment Laws for Private Sector Employers
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Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- Payment upon Separation from Employment
- Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements