March 7, 2019 Read time: 5 mins

Final Paycheck Laws by State

Compliance

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.	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 final day.	Immediately.
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 withing 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.
New York	Next scheduled payday.	Next scheduled payday.
North Carolina	Next scheduled payday.	Next scheduled payday.
North Dakota	Next scheduled payday.	Whichever is first: next scheduled payday or within 15 days.
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	There's no law.	Whichever is first: 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.	Within 21 days.
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.	NNext 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.

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.