Southeast state law varies on payment of deceased employee’s wages

What happens if one of your employees unfortunately passes away while still actively employed? Should you stop the direct deposit of his final check until a beneficiary is verified? Since paycheck laws can vary, here are answers provided by Employers Counsel Network law firms in the states in the Southeastern region.

Alabama

If an employee dies without a will, the employer should pay any wages owed to the employee to his surviving spouse or, if there is no surviving spouse, to the person who has the legal custody and control of his minor child or children. If the employee dies with a will, you should pay any wages owed to his estate.

This answer was provided by Al Vreeland, a founding member of Lehr Middlebrooks Vreeland & Thompson, P.C., in Birmingham, Alabama. You can contact him at avreeland@lehrmiddlebrooks.com.

Florida