Answer: Workplace Category: Human Resource Policies & Pandemic Planning
Sub-Category: Pay Policies
| Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment.
If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, the employee should contact the U.S. Department of Labor's (DOL) Wage and Hour Division or the state labor department. DOL also has mechanisms in place for the recovery of back wages.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws. Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance. |