Florida · Checked October 28, 2026 · Not legal advice
Florida final paycheck rules
Florida does not set a special countdown for the last paycheck of a private employee. Pay what was earned by the next regular payday, follow the written PTO policy, and don't let a deduction drop the week below the wage you owe.
Not legal advice. This is a plain-language summary for owner-led businesses, checked against the sources at the bottom. It is not a substitute for the statute, a DOL opinion, or an employment attorney. A wage claim, a contract, or a commission plan that is already in dispute needs a lawyer, not a blog post.
At a glance
| Question | Florida, in short |
|---|---|
| You discharge the employee | No Florida statute found that requires same-day pay. The practical line is the next regular payday. |
| The employee quits | Same practice: the next regular payday for the hours worked. |
| Unused vacation or PTO | Not required by Florida or federal law. Your written policy, offer letter, or contract decides it. |
| Overtime in the last week | 1.5× the regular rate after 40 hours in the workweek. No daily overtime. |
| Minimum wage | $15.00 an hour since September 30, 2026. Tipped cash wage $11.98 if the tip credit applies. |
When the last check is due
The U.S. Department of Labor says federal law does not require an employer to hand over a final paycheck immediately. It tells employees who still haven't been paid after the regular payday for their last pay period to contact the Wage and Hour Division or their state labor department. I did not find a Florida statute that sets an earlier deadline for private employers.
Pay all wages earned through the last day worked on or before the next regular payday, and keep proof that you did. That includes hours worked, overtime, and commissions that your written plan already treats as earned. Run it through normal payroll so withholding and tax deposits stay on the usual cycle.
The termination conversation itself is covered in how to fire an employee in Florida. This page is only the paycheck.
Unused PTO
The Fair Labor Standards Act does not require vacation pay, sick pay, or severance. Florida does not require employers to offer paid vacation or to cash it out. If the handbook, offer letter, or a contract promises a payout, follow that promise and apply it the same way to everyone. If the policy says unused time is forfeited, and people were told that before they accrued the time, that is the rule you wrote. If the policy is silent, you are in a dispute waiting to happen. Decide the rule, write it down, and stop paying it out for some departures and not others.
The PTO accrual calculator will turn the policy into hours. It will not tell you whether those hours are wages.
What else belongs in the last week
- Minimum wage. Hours worked in Florida on or after September 30, 2026 have to meet $15.00, or $11.98 in direct cash wages for an employee who qualifies for the federal tip credit, with tips making up the rest. Details and posters are on the 2026 minimum wage guide.
- Overtime. Nonexempt employees get 1.5× the regular rate after 40 hours in the workweek, including a short final week. Use the overtime calculator in weekly mode. A nondiscretionary bonus in that week can change the regular rate.
- Deductions. Don't hold the entire check because a laptop or a uniform didn't come back. Federal rules limit deductions that cut into minimum wage and overtime. Read DOL Fact Sheet #16 before you subtract anything that isn't a tax or a deduction the employee authorized in a way the law allows.
- Records. Keep payroll records at least 3 years and time records at least 2, which is the FLSA recordkeeping floor.
A short checklist before the last payroll
Close the time
Get the hours through the last day, including overtime, before you run the check.Read the PTO policy once
Pay it, forfeit it, or pro-rate it exactly as the document says. If you don't have a document, don't invent a one-off exception.Skip the equipment hostage
Ask for property back. Don't miss the payday because it hasn't arrived.Pay on the regular cycle
Sooner is fine. Later than the next payday is where a complaint starts.
Other states on this site
- California requires faster payment, and vested vacation is wages.
- Texas uses six calendar days after a discharge.
- New York uses the regular payday, with its own vacation rule.
- All free resources
Sources
- U.S. DOL, Last paycheck
- U.S. DOL, FLSA Advisor: what the FLSA does not require, including vacation pay and immediate payment of final wages
- U.S. DOL, Overtime and Fact Sheet #21, recordkeeping
- FloridaCommerce, Florida minimum wage
- JD HR Solutions, How to fire an employee in Florida and Florida employer checklist
General HR information for employers, not legal advice. If a wage claim or a demand letter is already in hand, talk to an employment attorney before you negotiate it in email.