Can my employer hold my last paycheck? When does my employer have to pay me my last paycheck?

There is no requirement under the FLSA for the employer to pay you your final paycheck within a specific number of days. However, the FLSA does require the employer to pay an employee their last paycheck at the normal payday interval when other employees should be paid for that time. 

Additionally, we are routinely contacted by employees whose employers take monies from their last paycheck for various reasons. Assuming the employee did not sign an agreement allowing the employer to take money from the employee’s last paycheck, then the employer cannot take money from the paycheck if doing so would reduce the employees below the minimum wage. 

If an employer improperly reduces the employees paycheck below the minimum wage, then the employee may be entitled to the amount of the unpaid wages, liquidated damages and attorneys fees and cost.