You should make sure that you're ready to comply with the final paycheck laws that your state has in place whenever an employee leaves. There are a number of states that require employers to give a departing employee their final paycheck in a pretty short amount of time. In fact, some states even require that departing employees get their last paychecks on their final day of work. In other states, the time limit depends on whether the employee voluntarily quit or was fired.
If you're an employer, you should take careful note of these laws. Many employers often break these laws out of ignorance, and there can be consequences if your former employee calls you on it. There are often penalties for violating state final paycheck laws, and if a former employee sues you, you could be required to pay for their attorney's fees as well as court costs.
In addition to these final paycheck laws, many states also require employers to pay out unused vacation days to departing employees. Although this article doesn't discuss these laws, you should still be familiar with them.
Final Paycheck Laws by State: Overview
The following chart provides a rundown of each state's final paycheck laws, including links to statutes. For states that don't have their own final paycheck laws, please review federal wage and hour guidelines.
|
Employee was Fired |
Employee Quits |
Alabama |
No law. |
No law. |
Alaska |
Final check must be given within three working days after the termination. |
Final check must be given on the next scheduled payday that is at least three days after the employee gives notice. |
Arizona |
Final check must be given within seven working days, or on the next scheduled payday, whichever occurs first. |
Final check must be given on the next scheduled payday. |
Arkansas |
Final check must be given within seven days (applicable only to railroad employees). |
No law. |
California |
Final check must be given immediately. |
Final check must be given within 72 hours. However, if employee has given more than 72 hours' notice, final check must be given immediately. |
Colorado |
Final check must be given 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. |
Final check must be given on the next scheduled payday. |
Connecticut |
Final check must be given on the next business day. |
Final check must be given on the next scheduled payday. |
Delaware |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
District of Columbia |
Final check must be given on the next business day. |
Final check must be given on the next scheduled payday, or within seven days, which occurs first. |
Florida |
No law. |
No law. |
Georgia |
No law. |
No law. |
Hawaii |
Final check must be given immediately, or on the next business day if there are conditions that prevent immediate payment. |
Final check must be given on the next scheduled payday. However, if employee gave at least one pay period's notice, final check must be given immediately. |
Idaho |
Final check must be given 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. |
Final check must be given 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. |
Illinois |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Indiana |
Final check must be given on the next scheduled payday. |
Final check must be given 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. |
Iowa |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Kansas |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Kentucky |
Final check must be given on the next scheduled payday or within 14 days, whichever occurs later. |
Final check must be given on the next scheduled payday, or within 14 days, whichever occurs later. |
Louisiana |
Final check must be given on the next scheduled payday, or within 15 days, whichever occurs earlier. |
Final check must be given on the next scheduled payday, or within 15 days, whichever occurs earlier. |
Maine |
Final check must be given on the next scheduled payday or within two weeks after a demand from the employee, whichever is earlier. |
Final check must be given on the next scheduled payday or within two weeks after a demand from the employee, whichever is earlier. |
Maryland |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Massachusetts |
Final check must be given immediately. |
Final check must be given on the next scheduled payday or on the Saturday that follows an employee's resignation if there is no scheduled payday. |
Michigan |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Minnesota |
Final check must be given immediately. |
Final check must be given 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. |
Mississippi |
No law. |
No law. |
Missouri |
Final paycheck must be given immediately. |
No law. |
Montana |
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. |
Final paycheck must be given on the next scheduled payday or within 15 days, whichever is earlier. |
Nebraska |
Final check must be given on the next scheduled payday or within two weeks, whichever occurs first. |
Final check must be given on the next scheduled payday or within two weeks, whichever occurs first. |
Nevada |
Final check must be given immediately. |
Final check must be given on the next scheduled payday or within seven days, whichever occurs first. |
New Hampshire |
Final check must be given within 72 hours. However, if employee is laid off, final check may be given on the next scheduled payday. |
Final check must be given on the next scheduled payday or within 72 hours (if the employee gave at least one pay period's notice). |
New Jersey |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
New Mexico |
Final check must be given within five days. |
Final check must be given on the next scheduled payday. |
New York |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
North Carolina |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
North Dakota |
Final check must be given on the next scheduled payday or within 15 days, whichever occurs first. |
Final check must be given on the next scheduled payday. |
Ohio |
No law. |
Final check must be given 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. |
Oklahoma |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Oregon |
Final check must be given by the end of the next business day. |
Final check must be given immediately if the employee has given at least 48 hours' notice. If employee does not give notice, final check must be given within five days or the next scheduled payday, whichever occurs first. |
Pennsylvania |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Rhode Island |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
South Carolina |
Final check must be given within 48 hours or on the next scheduled payday, but not more than 30 days. |
No law. |
South Dakota |
Final check must be given on the next scheduled payday or when the employee returns the employer's property. |
Final check must be given on the next scheduled payday or when the employee returns the employer's property. |
Tennessee |
Final check must be given on the next scheduled payday or within 21 days, whichever is later. |
Final check must be given on the next scheduled payday or within 21 days, whichever is later. |
Texas |
Final check must be given within six days. |
Final check must be given on the next scheduled payday. |
Utah |
Final check must be given within 24 hours. |
Final check must be given on the next scheduled payday. |
Vermont |
Final check must be given within 72 hours. |
Final check must be given on the next scheduled payday, or on the next Friday if there is no scheduled paydays. |
Virginia |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
Washington |
Final check must be given on the next scheduled payday. |
Final check must be given on the next scheduled payday. |
West Virginia |
Final check must be given 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. |
Final check must be given 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. |
Wisconsin |
Final check must be given 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, final check must be given within 24 hours. |
Final check must be given on the next scheduled payday. |
Wyoming |
Final check must be given within five business days. |
Final check must be given within five business days. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
More Questions About State Final Paycheck Laws? Get Professional Legal Help Today
As an employer, you need to be familiar with the laws of your state and know when you are required to issue a final paycheck to a departing employee. If a former employee has filed a complaint against your business, you may want to contact a local employment law attorney to learn about your rights and options.
