Final Paycheck Laws by State
Final Paycheck Laws by State

Final Paycheck Laws by State

Once upon a time, it was the norm for employees to stay with their employer for decades, oftentimes retiring from the same business at which they started their career. Today, however, employees are more transient, bouncing from job to job at various companies throughout their work life. As such, receiving a final paycheck from an employer is becoming commonplace.

As an employer, it’s important to know the legal requirements surrounding an employee’s final check. Some states have differentiating laws 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.

Below is a list of state laws outlining when a final paycheck must be delivered depending on whether the employee quit or was fired. Be sure to double check with your state’s department of labor for any updates or changes to final paycheck laws.

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  Next scheduled payday.  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  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  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. 
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  Next scheduled payday.  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  Within 5 business days.  Within 5 business days. 

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.

RELATED ARTICLE: How to Terminate a Well-Liked Employee

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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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