Under federal law, employers are not required to immediately release the last paycheck to their employees following the completion of their employment. However, Kentucky state law sets specific guidelines to ensure that workers receive the compensation they are entitled to. Our Louisville employment law attorney explains if an employer can withhold your last paycheck.
How Long Does an Employer Have to Give You Your Last Check?
According to Ky. Rev. Stat. Ann. § 337.055, an employer has until the next scheduled pay period or fourteen days after the effective end date of a worker’s employment to release the last paycheck. This rule applies to all employees — whether they’ve resigned from their position or have been terminated.
What Deductions Will Be Taken Out of My Check?
An employer is only allowed to take deductions out of the last paycheck that is required by state or federal law. This includes state and federal taxes, any benefits that the employee has elected into, and garnishments.
What If My Paycheck is Being Withheld?
There are no circumstances that allow an employer in the state of Kentucky to refuse a worker their last paycheck. Employees that have quit or been fired by their employer must be sent a final paycheck containing compensation for any earned and unpaid wages.
If you are unable to obtain your paycheck after leaving your place of employment, you can contact our team at Charles W. Miller & Associates for assistance.
Call Our Louisville Employment Law Attorney: (502) 890-9954!
Having legal representation is the best way to ensure your case is presented correctly and that you receive the wages you’ve earned. At Charles W. Miller & Associates, our Louisville wage, and hour law attorneys represent employees in all types of wage and hour disputes in both Kentucky and Indiana. We represent workers in a variety of industries, including tipped employees, highly paid executives, physicians and medical professionals, office workers, and others.
With over 22 years of legal experience in employment law, our team can help you fully understand your legal rights and determine the best course of action for your unique situation. If necessary, we are prepared to represent you in state or federal court. Contact us today for a consultation: (502) 890-9954.