Overview: There is currently no federal legislation mandating that employers promptly compensate employees who have been terminated, whether voluntarily or involuntarily. However, certain states have implemented their own statutes about furnishing final checks to their employees.
Common Use Cases: Employers must follow the different state’s final paycheck laws. Beyond when the last paycheck is due, certain states might set further regulations on things like:
Paying out unused vacation pay
Paying out commission
Payments to temporarily laid-off, suspended, or striking employees
Payments to specific industries or groups of employee requirements which employer types are excluded from the state’s law
Instructions:
Additional Resources:
Final Check Laws by State
Each state law will dictate how employers issue final paychecks to terminated employees without delay, or within a designated period, such as the subsequent pay period. In certain states, the specifics of final paycheck regulations may vary depending on whether the employee was terminated voluntarily or involuntarily.
Important: Under no circumstance can employers withhold unpaid wages due, nor can they make a final paycheck conditional. Failure to follow the state’s final paycheck laws can lead to penalties and fines if the employee takes legal action.
The chart below lists the termination laws by state for both employees who quit and employees who are involuntarily terminated.
State | If the Employee Quits | If the Employee is Terminated |
Alabama | There's no law. | There's no law. |
Alaska | Next regular payday that is at least 3 days after the employer received notice. | Within 3 working days. |
Arizona | Next scheduled payday. | Whichever is first: within 7 working days or next payday. |
Arkansas | There's no law. | 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 | Next scheduled payday, or last day of employment. (if EE gave at least one pay period's notice) | Immediately or next business day if conditions warrant. |
Idaho | Whichever is first: within 10 days or next payday. Or within 48 hours. (if employee makes a written request for earlier payment) | Whichever is first: within 10 days or next payday. Or within 48 hours (if employee makes a written request for earlier payment) |
Illinois | Next Scheduled pay day or immediately if possible. | Next Scheduled pay day or immediately if possible. |
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 | Next scheduled payday or the Saturday that follows an employee's resignation if no regular payday. | 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 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. |
Mew Mexico | Next scheduled payday. | Within 5 days or s10 days. (if pay is based on commission or piece work) |
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 | Next scheduled payday. | Next scheduled payday. |
Oklahoma | Next scheduled payday. | Next scheduled payday. |
Oregon | Whichever is first: next scheduled payday or within 5 days. Or last day of employment. (if the employee gave 48 hours' notice) | Next business day. |
Pennsylvania | Next scheduled payday. | Next scheduled payday. |
Rhode Island | Next scheduled payday. | Next scheduled payday. |
South Carolina | Whichever is first: within 48 hours or next scheduled payday. | 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 | Whichever is later: within 21 days or next scheduled payday. | Whichever is later: within 21 days or next scheduled payday. |
Texas | Next scheduled payday. | Within 6 days. |
Utah | Next scheduled payday. | Within 24 hours. |
Vermont | Next scheduled payday or Friday that follows an employee's resignation if no regular payday | Within 72 hours. |
Virgina | Next scheduled payday. | Next scheduled payday. |
Washington | Next scheduled payday. | Next scheduled payday. |
West Virgina | Next scheduled payday. | Next scheduled payday. |
Wisconsin | Next scheduled payday. | Next scheduled payday. |
Wyoming | Next scheduled payday. | Next scheduled payday. |
Tip: For the most recent and accurate information regarding final checks laws for your state, go to the State Labor Offices website or contact them directly.
FAQ:
Q: How do I process a final check outside of our regularly scheduled payroll?
A: You can process a final check along with other types of payment outside of the regularly scheduled payroll by running an Off-Cycle Payroll.
Q: What are the consequences of failing to comply with final paycheck regulations?
A: Failure to adhere to state final paycheck laws can result in penalties and fines, as well as potential legal action by affected employees.
Q: How can employers ensure compliance with final paycheck regulations?
A: Employers should stay informed about the specific requirements in their jurisdiction, maintain accurate records of employee compensation, and seek legal counsel if unsure about compliance obligations.