When an employee leaves, employers have to know the legal requirements surrounding an employee’s final paycheck. Some state laws differ depending on whether the employee quit or was terminated. 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, whether the employee quit or was fired. We will keep this regularly updated, but be sure to double check with your state’s department of labor.
|State||If the Employee Quit||If You Fired the Employee|
|Alabama||There’s no law.
|There’s 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.||Within 7 working days.|
|California||Within 72 hours or immediately if the employee gave at least 72 hours notice.||Immediately.|
|Colorado||Next scheduled payday.||Immediately.|
|Connecticut||Next scheduled payday.||Next business day.|
|Delaware||Next scheduled payday.||Next scheduled payday.|
|District of Columbia||Whichever is first: within 7 days or next payday.||Next business day.|
|Florida||There’s no law.||There’s no law.|
|Georgia||There’s no law.||There’s no law.|
|Hawaii||Immediately or next scheduled payday, depending on date of final notice.||Immediately or next business day if conditions warrant.|
|Idaho||Whichever is first: within 10 days or next payday. If employee makes a written request for earlier payment, within 48 hours of receiving the request.||Whichever is first: within 10 days or next payday. If employee makes a written request for earlier payment, within 48 hours of receiving the request.|
|Illinois||Immediately when possible but no later than next scheduled payday.||Immediately when 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 a demand from the employee.||Whichever is first: next scheduled payday or within 2 weeks of a demand from the employee.|
|Maryland||Next scheduled payday.||Next scheduled payday.|
|Massachusetts||Whichever is first: next paycheck or the Saturday that follows an employee’s resignation.||Immediately.|
|Michigan||As soon as amount can be determined but no later than next scheduled payday.||soon as amount can be determined but no later than 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||There’s no law.||There’s no law.|
|Missouri||There’s no law.||Immediately|
|Montana||Whichever is first: next scheduled payday or within 15 days.||Immediately, but employer can maintain a written policy that extends this time to the next payday or within 15 days.|
|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.||Immediately.|
|New Hampshire||Next scheduled payday or within 72 hours (if employee gave at least one pay period’s notice).||Within 72 hours.|
|New Jersey||Next scheduled payday.||Next scheduled payday.|
|New Mexico||Next scheduled payday.||Within 5 days for fixed amounts and within 10 days for variable amounts (commission etc.)|
|New York||Next scheduled payday.||Next scheduled payday.|
|North Carolina||Next scheduled payday.||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||Next scheduled payday.||Next scheduled payday.|
|Oregon||Immediately if the employee gave 48 hours’ notice. Otherwise within 5 days.||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.||Within 48 hours or next scheduled payday.|
|South Dakota||Next scheduled payday or when employee returns company property.||Next scheduled payday or when employee returns company property.|
|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 days.|
|Utah||Within 24 hours (exceptions apply).||Within 24 hours.|
|Vermont||Whichever is first: next scheduled payday or next Friday.||Within 72 hours.|
|Virginia||Next scheduled payday.||Next scheduled payday.|
|Washington||Next scheduled payday.||Next scheduled payday.|
|West Virginia||Next scheduled payday.||Next scheduled payday.|
|Wisconsin||Next scheduled payday.||Whichever is first: next scheduled payday or within one month.|
|Wyoming||Next scheduled payday.||Next scheduled payday.|
Can an Employer Withhold a Final Paycheck?
Even if you fire an employee, you cannot withhold unpaid wages he or she is due. Nor can you make a final paycheck conditional. Failure to follow your state’s final paycheck laws can lead to penalties and fines.
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