Florida Wage Payment Laws

Frequency of Wage Payments

Florida does not have any laws dictating when or how frequently an employer must pay employees their wages.

Manner of Wage Payments

An employer may pay employees by:

• cash,
• check, order, draft, note, memorandum, or other acknowledgment of indebtedness that:
  • is redeemable at face value on demand without deduction or fee at some established place of business in Florida
  • shows the name and address of the business in Florida when the value may be redeemed
• payroll debit card
  • the wage amounts available in the payroll debit card account is redeemable at face value on demand without deduction or fee at some established place of business in Florida
  • the payroll debit card shows the name and address of the business in Florida when the value may be redeemed
• direct deposit into an account at a financial institution of the employee’s choosing, so long as the employee has consented in writing
• coupons, punch-outs, tickets or other devices in lieu of cash if the legal holder is:
  • liable for the full face value in current United States money on or after the 30th day succeeding the day of issuance
  • liable for payment in current money of the United States
  • subject to suit brought in any court of competent jurisdiction to recovery of any deficiency in the payment.

FL Statute 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. FL Statute 532

Payroll Card

Florida labor laws allow an employer to pay an employee their wages by payroll card if:

• the wage amounts available in the payroll debit card account is redeemable at face value on demand without deduction or fee at some established place of business in Florida
• the payroll debit card shows the name and address of the business in Florida when the value may be redeemed

FL Statute 532

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.

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. FL Statute 448.24

Pre-hire Medical, Physical, or Drug Tests

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. FL Statute 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 three (3) years. For more information, visit FLSA.

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.