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What public information explains the federal rule for a final paycheck?

United States — limited federal general information

Published · Reviewed by Ahmad Sulaiman

Federal law does not require an employer to give a former employee a final paycheck immediately. For wages required by the Fair Labor Standards Act, or FLSA, the U.S. Department of Labor says they are due on the regular payday for the pay period covered; state law may set a different timing rule, and no governing state or other jurisdiction is identified here. [1] [2]

The FLSA rule may not resolve every kind of unpaid amount. The Department says the FLSA does not provide wage-payment or collection procedures for usual or promised wages or commissions beyond the amounts the FLSA requires, although some states have laws under which such claims may be filed. [2]

To check the limited federal information, identify the last pay period worked and the employer’s regular payday for that period. The Department says that, if that regular payday has passed and the employee has not been paid, the employee may contact the Wage and Hour Division or the state labor department; it also lists pay stubs and personal records of hours worked as helpful information for a Wage and Hour Division complaint. [1] [3]

This is a limited United States federal overview, not a decision about when any particular paycheck was due. A current state or other governing-jurisdiction source and the relevant pay, coverage, exemption, and agreement facts would be needed before describing a jurisdiction-specific timing rule.

**Official sources**

Sources

  1. [1] U.S. Department of Labor Last Paycheck
  2. [2] U.S. Department of Labor Wage and Hour Division Handy Reference Guide to the Fair Labor Standards Act
  3. [3] U.S. Department of Labor Wage and Hour Division Information You Need to File a Complaint