Florida Final And Unclaimed Paychecks Laws
Final And Unclaimed Paychecks Laws In Florida
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About Final Paychecks Laws In FloridaState and federal law requires that employers give departing employees their final paycheck within a specified time period or - if a paycheck goes unclaimed - to follow state escheatment rules. The rules in Florida for both are included below.
Florida's Requirements For When To Send Final PaychecksFlorida state law does not provide regulations on how to pay an employee's remaining pay after they leave the company. Employers are thus required by the federal Fair Labor and Standards Act (FLSA) to provide the final paycheck on the next scheduled payday, regardless of whether the employee quit or was terminated.
What Should Be Included In A Final Paycheck In FloridaThe final paycheck should contain the employee's regular wages from the most recent pay period, plus other types of compensation such as commissions, bonuses, and accrued sick and vacation pay. Employers can withhold money from the employee's last paycheck if the employee owes your organization.
How To Send The Final PaycheckBecause Florida does not have specific rules on how to send a final paycheck, the final paycheck can be paid via direct deposit (if an employee previously authorized direct deposit for wages), or by check or payroll paycard, either in-person or mailed.
Note that employers generally are not obligated to pay a terminated employee via direct deposit on his or her final paycheck. Employers should, however, make sure its final paycheck process includes the when and where to terminate employment.
For More Info On Final PaychecksFor training on handling Final Paychecks,
https://www.payrolltrainingcenter.com/payroll-requirements-for-terminated-employees-wt1000388>>>
About Unclaimed Paycheck Laws In FloridaBelieve it or not, you just can't keep a paycheck that an ex-employee doesn't take. Even if a check is abandoned, the employer has no right to void the check and keep the funds.
Technically, unclaimed paychecks are subject to 'escheat' laws as unclaimed property under the laws of the state where the employee last worked. This means that employers are required to follow their state's laws for submitting unclaimed paychecks to the state. Not doing so can subject employers to fines and penalties.
Florida's Requirements For Unclaimed PaychecksThe following are the requirements for Florida's unclaimed paycheck laws:
- Recordkeeping Requirements
Employers must retain a record of the names and last known addresses of payees for five years after reporting to the state - Reporting Requirements
Florida employers must report and remit unclaimed wages annually. Typically, the report for unclaimed wages must sent before Nov. 1 of each year for wages unclaimed as of June 30 of that year.
With regard to recordkeeping, Florida employers should speak with their legal counsel to determine processes and procedures re how many attempts the employer should make to contact ex-employees.
For training on handling Unclaimed Paychecks, go to www.payrolltrainingcenter.com/rules-for-unclaimed-paychecks-wt1000338.Recommended Training Courses For Final And Unclaimed Paychecks:
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Contact Info For Final And Unclaimed Paycheck Requirements For Florida
Florida Department of Economic Opportunity
107 E Madison St
Tallahassee, FL 32399
850-245-7105
www.floridajobs.org
References and Disclaimers:
This information is based on a variety of state laws and regulations, and is subject to change. The PayrollTrainingCenter makes every effort to make sure this information is current and accurate, however, the PayrollTrainingCenter is not engaged in rendering legal or professional advice and shall not be held responsible for any inaccuracies contained herein.
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