The U.S. Department of Labor requires employers to pay employees for all hours worked, including all hours worked on a final paycheck. Separation of employment is not grounds for an employer withholding final pay.
Not only is it illegal to withhold an employee?s final paycheck, in some states, employers are required to disburse an employee?s final paycheck immediately. The DOL advises employees owed pay for a previous pay period who have not received their pay to contact the DOL to seek out other remedies to collect what is due. The employer may be required to back up and pay the earned wages plus court costs and attorney fees in some cases.