Final Paycheck Laws by State

When an employee leaves a job—whether voluntarily or through termination—one of the most important aspects of the offboarding process is ensuring that they receive their final paycheck in accordance with state laws. The rules governing final paycheck timelines vary widely across the United States, with some states requiring immediate payment upon termination, while others allow employers to issue final wages on the next scheduled payday. For example, in states like California and Colorado, terminated employees must receive their final paycheck immediately, whereas states like Kentucky or Kansas allow payment on the next payday. Understanding these final paycheck laws by state is essential for avoiding legal complications and ensuring compliance with labor regulations. Whether you’re an employee waiting for your last check or an employer navigating payroll obligations, this guide will help clarify the rules and deadlines in different jurisdictions.

What Are Final Paycheck Laws?

Final paycheck laws are state-specific regulations that dictate when employers must issue a departing employee’s last wages. These laws often differ based on whether the employee quit voluntarily or was terminated involuntarily. In addition to wages, some states require employers to include unused vacation pay, bonuses, or commissions in the final paycheck.

Key points include:

• Voluntary Resignation: Employees who quit may have different deadlines for receiving their pay compared to those who are terminated.
• Involuntary Termination: Many states require immediate payment or payment within a very short timeframe.
• Penalties for Non-Compliance: Employers who fail to meet these deadlines may face fines, penalties, or lawsuits.

Overview of Final Paycheck Laws

Immediate Payment States

In states like California, Colorado, and Massachusetts, employers are required to issue final paychecks immediately upon termination:

• California: Final paychecks must be provided on the last day of work if the employee is fired. For resignations with at least 72 hours’ notice, payment is also due on the last day.
• Colorado: Terminated employees must be paid immediately unless payroll is offsite, in which case payment is due within 24 hours.
• Massachusetts: Employers must pay terminated employees immediately; failure to comply can result in treble damages (three times the owed amount).

Next Scheduled Payday States

The majority of states allow employers to issue final paychecks on or before the next regular payday:

• New York: Final wages are due on the next scheduled payday regardless of whether the employee quit or was fired.
• Texas: For voluntary resignations, payment is due on the next payday. For terminations, payment must be made within six days.
• Florida: While there’s no specific state law, most employers follow federal guidelines requiring payment by the next payday.

Complete List of Final Paychecks by State

State	Your Employee Quit	You Fired Your Employee
Alabama	No law	No law
Alaska	Next scheduled payday that’s at least 3 days after the employee gives notice	Within 3 working days of termination
Arizona	Next scheduled payday	Whichever is first: within 7 working days or next payday
Arkansas	Next scheduled payday	Next scheduled payday, or within 7 working days if the employee demands it. (Employer will owe 2x the wages if not paid within 7 days of the next scheduled payday.)
California	Within 72 hours, or immediately if the employee gave at least 72 hours’ notice	Immediately (Employees can recover penalties for every day wages are withheld.)
Colorado	Next scheduled payday	Immediately
Connecticut	Next scheduled payday	Next business day
Delaware	Whichever is latest: Next scheduled payday or 3 days after last day worked	Whichever is latest: Next scheduled payday or 3 days after last day worked
District of Columbia	Whichever is first: within 7 days or next payday	Next business day
Florida	No law	No law
Georgia	No law	No law
Hawaii	On employee’s last day if employee gives one pay period notice, or scheduled payday	Immediately or next business day
Idaho	Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, employer must pay within 48 hours of receiving the request (weekends and holidays excluded).	Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, employer must pay within 48 hours of receiving the request (weekends and holidays excluded).
Illinois	Immediately if possible, but no later than next scheduled payday	Immediately if possible, but no later than next scheduled payday
Indiana	Next scheduled payday	Next scheduled payday
Iowa	Next scheduled payday	Next scheduled payday
Kansas	Next scheduled payday	Next scheduled payday
Kentucky	Whichever is later: within 14 days or next scheduled payday	Whichever is later: within 14 days or next scheduled payday
Louisiana	Whichever is first: next scheduled payday or within 15 days	Whichever is first: next scheduled payday or within 15 days
Maine	Whichever is first: next scheduled payday or within 2 weeks of employee’s demand	Whichever is first: next scheduled payday or within 2 weeks of employee’s demand
Maryland	Next scheduled payday	Next scheduled payday
Massachusetts	Next scheduled payday	Last day of work
Michigan	Next scheduled payday	Next scheduled payday
Minnesota	Next payday that’s at least 5 days after an employee’s last day but no more than 20 days after the last day worked	Within 24 hours of demand
Mississippi	No law	No law
Missouri	No law	Immediately
Montana	Whichever is first: next scheduled payday or within 15 days	Immediately (within 4 hours or the end of the same business day)
Nebraska	Whichever is first: next scheduled payday or within two weeks	Whichever is first: next scheduled payday or within two weeks
Nevada	Whichever is first: within 7 days or next payday	Within 3 days of termination
New Hampshire	Next scheduled payday, or within 72 hours if the employee gives one period pay notice	Within 72 hours
New Jersey	Next scheduled payday	Next scheduled payday
New Mexico	Next scheduled payday	Within 5 days for fixed amounts or 10 days for variable amounts
New York	Next scheduled payday	Next scheduled payday
North Carolina	On or before next scheduled payday	On or before next scheduled payday
North Dakota	Next scheduled payday	Next scheduled payday
Ohio	Whichever is first: next scheduled payday or within 15 days	Whichever is first: next scheduled payday or within 15 days
Oklahoma	Whichever is later: Next scheduled payday or within 14 days	Whichever is later: Next scheduled payday, or within 14 days, whichever is later
Oregon	On last day of employment if the employee gave 48 hours’ notice, otherwise within 5 days or the next payday, whichever comes first	By the end of the next business day
Pennsylvania	Next scheduled payday	Next scheduled payday
Rhode Island	Next scheduled payday	Next scheduled payday
South Carolina	Within 48 hours or next scheduled payday; not to exceed 30 days	Within 48 hours or next scheduled payday; not to exceed 30 days
South Dakota	Next scheduled payday, or the employer can hold the final pay until company property is returned	Next scheduled payday, or the employer can hold the final pay until company property is returned
Tennessee	Within 21 days or the next regular payday, whichever occurs later	Within 21 days or the next regular payday, whichever occurs later
Texas	Next scheduled payday	Within 6 calendar days of last day worked
Utah	Next scheduled payday	Within 24 hours
Vermont	Next scheduled payday or the next Friday if there is no regular payday	Within 72 hours from the time of discharge
Virginia	On or before next scheduled payday	On or before next scheduled payday
Washington	On or before next scheduled payday	On of before next scheduled payday
West Virginia	On or before next scheduled payday	On or before next scheduled payday
Wisconsin	Next scheduled payday	Next scheduled payday
Wyoming	Next scheduled payday	Next scheduled payday

Specific Timeframe States

Some states set hard deadlines for issuing final paychecks:

• Nevada: Final paychecks are due within three days of termination.
• Oregon: Employees who provide 48 hours’ notice must be paid on their last day. Otherwise, payment is due within five days or by the next payday.
• South Carolina: Employers have 48 hours or until the next scheduled payday (not exceeding 30 days) to issue final wages.

What Happens If Employers Don’t Comply?

Non-compliance with final paycheck laws can lead to serious consequences for employers:

1. Penalties and Fines: Many states impose financial penalties for late payments. For example:

• In California, employers may owe waiting time penalties equal to one day’s wages for every day the paycheck is delayed (up to 30 days).
• In Oregon, employers may be charged penalty wages equivalent to eight times the employee’s daily rate for each day of delay.

1. Lawsuits: Employees can file claims with state labor departments or pursue legal action to recover unpaid wages.
2. Reputational Damage: Failure to comply with wage laws can harm an employer’s reputation and affect future hiring efforts.

What Should Employees Know?

If you’re leaving a job:

1. Understand Your State’s Laws: Check your state’s specific requirements for final paycheck timelines.
2. Request Payment Promptly: If your employer fails to issue your paycheck on time, contact your HR department or file a complaint with your state’s labor office.
3. Know What’s Included: In some states, accrued vacation time or bonuses must be included in your final paycheck.

Tips for Employers

1. Review State Laws Regularly
   Labor laws can change frequently; stay updated to ensure compliance.
2. Streamline Payroll Processes
   Use automated payroll systems to avoid delays in issuing final checks.
3. Communicate Clearly with Employees
   Provide departing employees with clear information about when they’ll receive their final paycheck and what it will include.