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Final Paycheck Laws by State
You should make sure that you are 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 depar ting employee his or her final paycheck in a pretty
shor t amount of time. Indeed, 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 are 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 the
final paycheck laws, and if a former employee sues you, you could be required to pay for their attorney’s fees as well as
cour t 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 will not discuss these laws, you should still be familiar with them.
Here is a chart that gives a rundown of each state’s final paycheck laws:
State
Alabama
Alaska (Alaska Stat. § 23.05.140)
Employee was Fired
No law.
Final check must be given within
three working days.
Arizona (Ariz. Rev. Stat. Ann. §
23-353)
Final check must be given within
three working days, or on the next
scheduled payday, whichever occurs
first.
Final check must be given within
seven days.
Final check must be given immediately.
Arkansas (Arkansas Code §
11-4-405)
California (Cal. Lab. Code §§ 201,
202, and 227.3)
Colorado (Colo. Rev. Stat. Ann. §
8-4-109)
Connecticut (Conn. Gen. Stat. Ann.
§ 31-71c)
Delaware ( Del. Code Ann. tit. 19, §
1103)
Final check must be given immediately. "Immediately" means within 6
hors 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 business day.
Final check must be given on the
next scheduled payday.
Employee Quits
No law.
Final check must be given on the
next scheduled payday that is at least
three days after the employee gives
notice.
Final check must be given on the
next scheduled payday.
Final check must be given within 72
hours. However, if employee has
given more than 72 hours’ notice,
final check must be given immediately.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
District of Columbia (D.C. Code §
32-1303)
Final check must be given on the
next business day.
Florida
Georgia
Hawaii (Haw. Rev. Stat. § 388-3)
No law.
No law.
Final check must be given immediately, or on the next business day if
there are conditions that prevent
immediate payment.
Idaho ( Idaho Code §§ 45-606,
45-617)
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.
Final check must be given on the
next scheduled payday.
Illinois (820 Ill. Comp. Stat. 115/5)
Indiana (Ind. Code §§ 22-2-9-2 and
22-2-5-1)
Iowa ( Iowa Code Ann. § 91A.4.))
Maryland ( Md. Lab. & Emp. Code
Ann. § 3-505)
Massachusetts (Mass. Ann. Laws
ch. 149 § 148)
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
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 15
days, whichever occurs earlier.
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.
Final check must be given immediately.
Michigan ( Mich. Comp. Laws §§
408.474, 408.475)
Minnesota ( Minn. Stat. §§ 181.13,
181.14)
Final check must be given on the
next scheduled payday.
Final check must be given immediately.
Kansas ( Kan. Stat. Ann. § 44-315)
Kentucky (Ky. Rev. Stat. Ann. §
337.055)
Louisiana (La. Rev. Stat. Ann. §
23:631)
Maine (Me. Rev. Stat. Ann. tit. 26, §
626)
Final check must be given on the
next scheduled payday, or within
seven days, which occurs first.
No law.
No law.
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.
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.
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.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
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 15
days, whichever occurs earlier.
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.
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.
Final check must be given on the
next scheduled payday.
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
Missouri ( Mo. Ann. Stat. § 290.110)
Montana ( Mont. Code Ann. §
39-3-205)
Nebraska (Neb. Rev. Stat. §
48-1230)
Nevada (Nev. Rev. Stat. §§ 608.020
-- 608.030)
New Hampshire (N.H. Rev. Stat.
Ann. § 275:44)
New Jersey (N.J. Stat. Ann. §
34:11-4.3)
New Mexico (N.M. Stat. Ann. §§
50-4-4 and 50-4-5)
New York (N.Y. Labor Laws § 191)
North Carolina (N.C. Gen. Stat. §
95.25.7)
North Dakota (N.D. Cent. Code §
34-14-03)
Ohio (Ohio Rev. Code Ann. §
4113.15)
No law.
Final paycheck must be given immediately.
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 check must be given on the
next scheduled payday or within two
weeks, whichever occurs first.
Final check must be given immediately.
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.
Final check must be given within five
days.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday or within 15
days, whichever occurs first.
No law.
Oklahoma ( Okla. Stat. Ann. tit. 40, §
165.3)
Oregon (Or. Rev. Stat. § 652.140)
Final check must be given on the
next scheduled payday.
Final check must be given by the end
of the next business day.
Pennsylvania (43 Pa. Cons. Stat.
Ann. § 260.5)
Rhode Island (R.I. Gen. Laws §
28-14-4)
South Carolina (S.C. Codified Laws
§ 41-10-50)
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given within 48
hours or on the next scheduled payday, but not more than 30 days.
No law.
No law.
Final paycheck must be given on the
next scheduled payday or within 15
days, whichever is earlier.
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
seven days, whichever occurs first.
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).
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
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.
Final check must be given on the
next scheduled payday.
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.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
No law.
South Dakota (S.D. Codified Laws
§§ 60-11-10, 60-11-14)
Tennessee ( Tenn. Code. Ann. §
50-2-103)
Texas ( Texas Code Ann., Labor §
61.014)
Utah ( Utah Code Ann. § 34-28-5)
Vermont ( Vt. Stat. Ann. tit. 21 § 342)
Virginia ( Va. Code § 40.1-29)
Washington (Wash. Rev. Code §
49.48.010)
West Virginia ( W. Va. Code §
21-5-4)
Wisconsin ( Wis. Stat. Ann. §
109.03)
Wyoming ( Wyo. Stat. Ann. §
27-4-104)
Final check must be given on the
next scheduled payday or when the
employee returns the employer’s
proper ty.
Final check must be given on the
next scheduled payday or within 21
days, whichever is later.
Final check must be given within six
days.
Final check must be given within 24
hours.
Final check must be given within 72
hours.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given within 72
hours.
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 within five
business days.
Final check must be given on the
next scheduled payday or when the
employee returns the employer’s
proper ty.
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.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday, or on the
next Friday if there is no scheduled
paydays.
Final check must be given on the
next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given immediately if the employee has given at
least one pay period’s notice. If the
employee has not provided such
notice, final check must be given on
the next scheduled payday.
Final check must be given on the
next scheduled payday.
Final check must be given within five
business days.
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