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Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, do require immediate payment or payment within a few days after termination. The Department of Labor (DOL) suggests that if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, he or she should contact the DOL’s Wage and Hour Division or the state labor department.
DOL and the Equal Employment Opportunity Commission (EEOC) also have mechanisms in place for the recovery of back wages. A common remedy for wage violations is an order that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. The amount of this sum is often referred to as “back pay.” Among other programs, back wages may be ordered in cases under the Fair Labor Standards Act or the various federal discrimination statutes.