An employee was laid off and did not receive his/her last paycheck. What remedies are available?

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 by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

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.

Last Reviewed: 09/01/2011

• What kinds of information should be conveyed to employees to prepare them for the issues that are likely to be of concern to them should a pandemic occur? What is the best way to communicate this information?
• What notices must be given before an employee is terminated or laid off during a pandemic?

• Workplace Questions
  • Human Resource Policies
    • Pay Policies