{"id":4715,"date":"2016-04-04T11:47:40","date_gmt":"2016-04-04T16:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/final-paycheck-laws-by-state.html"},"modified":"2024-12-09T06:04:00","modified_gmt":"2024-12-09T11:04:00","slug":"final-paycheck-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/final-paycheck-laws-by-state.html","title":{"rendered":"Final Paycheck Laws by State"},"content":{"rendered":"\n
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Final Paycheck Laws by State<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Final paycheck laws vary by state and dictate when an employer must provide a departing employee with their last paycheck. These timeframes depend on whether the employee was terminated or resigned. State laws also govern rules about unused vacation payouts and deductions, which may impact the final amount due to the employee.<\/p>\n

Federal laws also that dictate when an employee must receive their last paycheck. Small business owners should understand their final paycheck laws<\/b><\/a> and consider including these state laws in their company policy.<\/p>\n

Final Paycheck Laws Overview<\/h2>\n

States and the federal government regulate the timing of an employee\u2019s final paycheck.<\/p>\n

State Laws<\/h3>\n

Some state laws differ depending on whether the employee quit or was terminated<\/a>. In many states, employers must give their employee\u2019s final paycheck the day after termination. Some states want the employee to give the employer advance notice if they plan to quit and want their final check before their regular payday. Giving them notice of the state labor laws helps everyone.<\/p>\n

Federal Laws<\/h3>\n

Some states don’t have laws about the payment of final wages. These states follow the guidelines set by the U.S. Wage and Hour Division<\/b><\/a> of the Department of Labor. The federal guidelines require payment on the next regular pay period after the employee leaves.<\/p>\n

The Fair Labor Standards Act (FLSA) gives former employees legal protections against employers who fail to obey state and federal minimum wage and final pay laws. Withholding an employee’s wages is illegal unless the employee has consented to the withholding. There may be a lawful reason, such as taxes or a court order, to garnish wages. Terminated employees can sue for unpaid wages if their final paycheck is not sent on time.<\/p>\n

Final Paycheck Laws by State<\/b><\/h2>\n

This chart gives a list of state laws for paying terminated employees. It includes a link to the most recent state statutes. Some states have different payment requirements for layoffs, labor disputes, or part-time or temporary workers. Regulations may also differ for unused vacation<\/b><\/a> days\/vacation pay, paid time off (PTO) sick time, and overtime payouts.<\/p>\n

Note<\/b>: Federal and state laws are subject to change. This chart is current as of the date of publication. New legislation, court decisions, and ballot initiatives can happen every day. Whenever possible, pay employees at the time of termination or consult an attorney to verify the current laws in your state.<\/i><\/p>\n\n

 <\/p>\n<\/td>\n

Employee Was Fired<\/b><\/p>\n<\/td>\n

Employee Quits<\/b><\/p>\n<\/td>\n<\/tr>

Alabama<\/b><\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n<\/tr>

Alaska<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within three working days after the termination.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday that is at least three days after the employee gives notice.<\/p>\n<\/td>\n<\/tr>

Arizona<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within seven working days, or on the next scheduled payday, whichever occurs first.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Arkansas<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check by the next regular payday.<\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n<\/tr>

California<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check immediately.<\/p>\n<\/td>\n

Employer must give the final check within 72 hours. However, if employee has given more than 72 hours’ notice, Employer must give the final check immediately.<\/p>\n<\/td>\n<\/tr>

Colorado<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check immediately. "Immediately" means within 6 hours of the start of the next working day if the payroll unit is closed when termination occurs, or within 24 hours if the payroll unit is offsite.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Connecticut<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next business day.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Delaware<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

District of Columbia<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next business day.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or within seven days, whichever occurs first.<\/p>\n<\/td>\n<\/tr>

Florida<\/b><\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n<\/tr>

Georgia<\/b><\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n<\/tr>

Hawaii<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check immediately, or on the next business day if there are conditions that prevent immediate payment.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday. However, if employee gave at least one pay period’s notice, Employer must give the final check immediately.<\/p>\n<\/td>\n<\/tr>

Idaho<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or within 10 days, whichever occurs first. However, if employee makes a written request for earlier payment, within 48 hours of receiving the request.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or within 10 days, whichever occurs first. However, if employee makes a written request for earlier payment, within 48 hours of receiving the request.<\/p>\n<\/td>\n<\/tr>

Illinois<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Indiana<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday. If the employee has not given a forwarding address, the employer must wait until 10 days after the employee demands wages or provides an address where the final check can be mailed.<\/p>\n<\/td>\n<\/tr>

Iowa<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Kansas<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Kentucky<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within 14 days, whichever occurs later.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or within 14 days, whichever occurs later.<\/p>\n<\/td>\n<\/tr>

Louisiana<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or within 15 days, whichever occurs earlier.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or within 15 days, whichever occurs earlier.<\/p>\n<\/td>\n<\/tr>

Maine<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within two weeks after a demand from the employee, whichever is earlier.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within two weeks after a demand from the employee, whichever is earlier.<\/p>\n<\/td>\n<\/tr>

Maryland<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Massachusetts<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check immediately.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or on the Saturday that follows an employee’s resignation if there is no scheduled payday.<\/p>\n<\/td>\n<\/tr>

Michigan<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Minnesota<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check<\/a> must be given immediately.<\/p>\n<\/td>\n

Employer must give the final check<\/a> on the next scheduled payday. However, if the payday is less than five days after the last day that the employee works, the employer must pay on the next payday or 20 days after the employee’s last day of work, whichever is earlier.<\/p>\n<\/td>\n<\/tr>

Mississippi<\/b><\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n<\/tr>

Missouri<\/b><\/a><\/p>\n<\/td>\n

Final paycheck must be given immediately.<\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n<\/tr>

Montana<\/b><\/a><\/p>\n<\/td>\n

If employee is laid off or fired for cause, final paycheck must be given immediately. The employer has the option of maintaining a written policy that extends this time to the next scheduled payday or within 15 days, whichever is earlier.<\/p>\n<\/td>\n

Final paycheck must be given on the next scheduled payday or within 15 days, whichever is earlier.<\/p>\n<\/td>\n<\/tr>

Nebraska<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within two weeks, whichever occurs first.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within two weeks, whichever occurs first.<\/p>\n<\/td>\n<\/tr>

Nevada<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check immediately.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within seven days, whichever occurs first.<\/p>\n<\/td>\n<\/tr>

New Hampshire<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within 72 hours. However, if employee is laid off, final check may be given on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within 72 hours (if the employee gave at least one pay period’s notice).<\/p>\n<\/td>\n<\/tr>

New Jersey<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

New Mexico<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within five days.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

New York<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

North Carolina<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

North Dakota<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Ohio<\/b><\/a><\/p>\n<\/td>\n

No law.<\/p>\n<\/td>\n

Employer must give the final check on the first day of the month for wages that were earned in the first half of the prior month, or on the fifteenth day of the month for wages earned in the second half of the prior month.<\/p>\n<\/td>\n<\/tr>

Oklahoma<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Oregon<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check by the end of the next business day.<\/p>\n<\/td>\n

Employer must give the final check immediately if the employee has given at least 48 hours’ notice. If employee does not give notice, Employer must give the final check within five days or the next scheduled payday, whichever occurs first.<\/p>\n<\/td>\n<\/tr>

Pennsylvania<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Rhode Island<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

South Carolina<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within 48 hours or on the next scheduled payday, but not more than 30 days.<\/p>\n<\/td>\n

Employer must give the final check within 48 hours or on the next scheduled payday, but not more than 30 days.<\/p>\n<\/td>\n<\/tr>

South Dakota<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or when the employee returns the company property.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or when the employee returns the company property.<\/p>\n<\/td>\n<\/tr>

Tennessee<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within 21 days, whichever is later.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within 21 days, whichever is later.<\/p>\n<\/td>\n<\/tr>

Texas<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within six days.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Utah<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within 24 hours.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Vermont<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check within 72 hours.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday, or on the next Friday if no payday is scheduled.<\/p>\n<\/td>\n<\/tr>

Virginia<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Washington<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

West Virginia<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check for work that the employee performed prior to the separation of employment on or before the next regular payday on which the wages would otherwise be due and payable.<\/p>\n<\/td>\n

Employer must give the final check for work that the employee performed prior to the separation of employment on or before the next regular payday on which the wages would otherwise be due and payable.<\/p>\n<\/td>\n<\/tr>

Wisconsin<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday or within one month, whichever occurs first. If the termination is a result of a merger, relocation or liquidation of the business, Employer must give the final check within 24 hours.<\/p>\n<\/td>\n

Employer must give the final check on the next scheduled payday.<\/p>\n<\/td>\n<\/tr>

Wyoming<\/b><\/a><\/p>\n<\/td>\n

Employer must give the final check on the next regular payday.<\/p>\n<\/td>\n

Employer must give the final check on the next regular payday.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

 <\/p>\n

Get Legal Help<\/b><\/h2>\n

If you or your human resources department need help with state final paycheck laws, you should seek the counsel of an experienced employment law attorney. They understand state and federal labor laws impact your small business and can give you sound legal advice. Speak to an employment law attorney <\/a>today.<\/p>\n

 <\/p>\n

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