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Final Paycheck Laws by State 2022
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Workforce Management

Final Paycheck Laws by State 2022

When an employment relationship ends, employers must know the legal requirements surrounding the employee’s final paycheck. Some state laws differ depending on whether the employee quit or was fired or laid off. For example, California final paycheck law requires payment of wages within 72 hours or immediately if the employee gave at least 72 hours’ notice. If the employee was terminated, payment is required immediately, and the employee can file a wage claim for every day they don’t receive a check after time of separation.

Regardless, the final check should contain the employee’s regular pay from the most recent pay period along with any additional types of compensation such as accrued PTO or a bonus if your state law and/or company policy requires.

To help employers, we’ve created this chart of state laws outlining when a final paycheck must be delivered. We will keep this table regularly updated, but be sure to double check with your state’s department of labor in case the laws have changed.

 StateIf the Employee QuitIf You Fired the Employee
AlabamaNo lawNo law
AlaskaNext scheduled payday that’s at least 3 days after the employee gives noticeWithin 3 working days of termination
ArizonaNext scheduled paydayWhichever is first: within 7 working days or next payday
ArkansasNext scheduled paydayWithin 7 working days (employer will owe 2X the wages if not paid within 7 days)
CaliforniaWithin 72 hours or immediately if the employee gave at least 72 hours’ noticeImmediately (employees can recover penalties for every day wages are withheld)
ColoradoNext scheduled paydayImmediately
ConnecticutNext scheduled paydayNext business day
DelawareNext scheduled paydayNext scheduled payday
District of ColumbiaWhichever is first: within 7 days or next paydayNext business day
FloridaNo lawNo law
GeorgiaNo lawNo law
HawaiiImmediately or next scheduled payday, depending on date of final noticeImmediately or next business day if conditions warrant
IdahoWhichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request.Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request.
IllinoisImmediately if possible but no later than next scheduled paydayImmediately if possible but no later than next scheduled payday
IndianaNext scheduled paydayNext scheduled payday
IowaNext scheduled paydayNext scheduled payday
KansasNext scheduled paydayNext scheduled payday
KentuckyWhichever is later: within 14 days or next scheduled paydayWhichever is later: within 14 days or next scheduled payday
LouisianaWhichever is first: next scheduled payday or within 15 daysWhichever is first: next scheduled payday or within 15 days
MaineWhichever is first: next scheduled payday or within 2 weeks of employee’s demandWhichever is first: next scheduled payday or within 2 weeks of employee’s demand
MarylandNext scheduled paydayNext scheduled payday
MassachusettsWhichever is first: next scheduled payday or the Saturday that follows an employee’s resignation if there is no regularly scheduled pay dateImmediately
MichiganNext scheduled paydayNext payday (some industry exceptions)
MinnesotaNext 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
MississippiNo lawNo law
MissouriNo lawImmediately
MontanaWhichever is first: next scheduled payday or within 15 daysImmediately
NebraskaWhichever is first: next scheduled payday or within two weeksWhichever is first: next scheduled payday or within two weeks
NevadaWhichever is first: within 7 days or next paydayWithin 3 days
New HampshireNext scheduled paydayWithin 72 hours
New JerseyNext scheduled paydayNext scheduled payday
New MexicoNext scheduled payday (task, piece and commission wages due within 10 days)Next scheduled payday (task, piece and commission wages due within 10 days)
New YorkNext scheduled paydayNext scheduled payday
North CarolinaNext scheduled paydayNext scheduled payday
North DakotaNext scheduled paydayNext scheduled payday
OhioWhichever is first: next scheduled payday or within 15 daysWhichever is first: next scheduled payday or within 15 days
OklahomaNext scheduled paydayNext scheduled payday
OregonImmediately if the employee gave 48 hours’ notice, otherwise within 5 daysNext business day
PennsylvaniaNext scheduled paydayNext scheduled payday
Rhode IslandNext scheduled paydayNext scheduled payday
South CarolinaWithin 48 hours or next scheduled payday not to exceed 30 daysWithin 48 hours or next scheduled payday not to exceed 30 days
South DakotaNext scheduled payday or when employee returns company propertyNext scheduled payday or when employee returns company property
TennesseeWithin 21 days or the next regular payday whichever occurs laterWithin 21 days or the next regular payday whichever occurs later
TexasNext scheduled paydayWithin 6 calendar days
UtahNext scheduled paydayWithin 24 hours
VermontWhichever is first: next scheduled payday or next FridayWithin 72 hours
VirginiaNext scheduled paydayNext scheduled payday
WashingtonNext scheduled paydayNext scheduled payday
West VirginiaNext scheduled paydayNext scheduled payday
WisconsinNext scheduled paydayNext scheduled payday
WyomingNext scheduled paydayNext scheduled payday

Can an Employer Withhold a Final Paycheck?

Even if you fire an employee, you cannot withhold unpaid wages due, nor can you make a final paycheck conditional. Failure to follow your state’s final paycheck laws can lead to penalties and fines if the employee takes legal action.

What is the Wage Payment and Collection Act?

While there is no federal law that requires employers to pay in a timely fashion employees who quit, are laid off or fired, many states have their own wage payment and collections acts.

How long does employer have to send final check?

Some states have no law that requires a business to provide final wages in a certain timeframe, but most states do. The issue for payment of wages depends on whether the employee quit or was involuntarily terminated. The most widely followed procedure is for wages to be mailed or sent by direct deposit by the next scheduled payday, or immediately upon termination.

When should an employee receive their final pay?

Employees can receive their final pay anywhere from immediately to the next scheduled payday depending on the state and situation.

 Paycor is not a legal, tax, benefit, accounting or investment advisor. All communication from Paycor should be confirmed by your company’s legal, tax, benefit, accounting or investment advisor before making any decisions.


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