Final Paycheck Laws by State
In the event that one of your employees quits or is fired, there are particular final paycheck laws that govern exactly how and when your last payment to them must be made.
In some states, an employee must be paid immediately when their employment is terminated. In others, the paycheck must be received within a certain number of days. We've put together a table with the laws for each state.
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Final Paycheck Laws by State:
State | Employee is Fired | Employee Quits |
|---|---|---|
Alabama | No law. | No law. |
Alaska | Within three working days of termination. | On the next scheduled payday. |
Arizona | Within seven working days, or on the next payday. Whichever occurs first. | On the next scheduled payday. |
Arkansas | On the next scheduled payday. | No law. |
California | Final pay must be granted at the time of termination. | Within 72 hours, unless prior notice has been provided. |
Colorado | Final paycheck must be given to employee immediately. | On the next scheduled payday. |
Connecticut | The next business day. | On the next scheduled payday. |
Delaware | On the next scheduled payday. | On the next scheduled payday. |
District of Columbia | The next business day. | On the next scheduled payday, or within seven days - whichever comes first. |
Florida | No law. | No law. |
Georgia | No law. | No law. |
Hawaii | Immediately or on the next business day if necessary. | On the next scheduled payday, or at the time of quitting if prior notice has been provided. |
Idaho | On the next scheduled payday, or within 10 days, whichever occurs first. | On the next scheduled payday, or within 10 days, whichever occurs first. |
Illinois | Immediately, if possible, but no later than the next scheduled payday. | Immediately, if possible, but no later than the next scheduled payday. |
Indiana | On the next scheduled payday. | On the next scheduled payday. |
Iowa | On the next scheduled payday. | On the next scheduled payday. |
Kansas | On the next scheduled payday. | On the next scheduled payday. |
Kentucky | On the next scheduled payday or within 14 days, which ever occurs later. | On the next scheduled payday or within 14 days, whichever occurs later. |
Louisiana | On the next scheduled payday or within 15 days, which ever occurs earlier. | On the next scheduled payday or within 15 days, whichever occurs earlier. |
Maine | On the next scheduled payday. | On the next scheduled payday. |
Maryland | On the next scheduled payday. | On the next scheduled payday. |
Massachusetts | Final check must be provided immediately. | On the next scheduled payday, or on the Saturday following an employee's resignation. |
Michigan | On the next scheduled payday. | On the next scheduled payday. |
Minnesota | Final check must be provided immediately. | On the next scheduled payday, or on the following payday if the next one is less than 5 days away, but within 20 days of separation. |
Mississippi | No law. | No law. |
Missouri | Final paycheck must be provided immediately. | No law. |
Montana | Final paycheck must be provided immediately. | On the next scheduled payday, or within 15 days, whichever is earlier. |
Nebraska | On the next scheduled payday or within 2 weeks, whichever occurs first. | On the next scheduled payday or within 2 weeks, whichever occurs first. |
Nevada | Final paycheck must be provided within three days. | On the next scheduled payday or within 7 days, whichever occurs first. |
New Hampshire | Within 72 hours. | On the next payday or within 72 hours if prior notice was given. |
New Jersey | On the next scheduled payday. | On the next scheduled payday. |
New Mexico | Within 5 days. | On the next scheduled payday. |
New York | On the next scheduled payday. | On the next scheduled payday. |
North Carolina | On the next scheduled payday. | On the next scheduled payday. |
North Dakota | On the next scheduled payday. | On the next scheduled payday. |
Ohio | On the first day of the month for wages that were earned in the first half of the previous month, or on the 15th day of the month for wages earned in the second half of the previous month. | On the first day of the month for wages that were earned in the first half of the previous month, or on the 15th day of the month for wages earned in the second half of the previous month. |
Oklahoma | On the next scheduled payday. | On the next scheduled payday. |
Oregon | By the end of the next business day. | Immediately if the employee has provided 48 hours notice. With less than 48 hours notice, within 5 days or on next payday, whichever occurs first. |
Pennsylvania | On the next scheduled payday. | On the next scheduled payday. |
Rhode Island | On the next scheduled payday. | On the next scheduled payday. |
South Carolina | Within 48 hours, or on the next scheduled payday. which may not exceed 30 days. | Within 48 hours, or on the next scheduled payday. which may not exceed 30 days. |
South Dakota | On the next scheduled payday or when employer's property is returned. | On the next scheduled payday or when the employer's property is returned. |
Tennessee | On the next scheduled payday or within 21 days, whichever is later. | On the next scheduled payday or within 21 days, whichever is later. |
Texas | Within 6 days. | On the next scheduled payday. |
Utah | Within 24 hours. | On the next scheduled payday. |
Vermont | Within 72 hours. | On the next scheduled payday, or if there is no regular payday, on the following Friday. |
Virginia | On the next scheduled payday. | On the next scheduled payday. |
Washington | On the next scheduled payday. | On the next scheduled payday. |
West Virginia | On the next scheduled payday. | On the next scheduled payday. |
Wisconsin | On the next scheduled payday. | On the next scheduled payday. |
Wyoming | On the next scheduled payday. | On the next scheduled payday. |
FAQs:
How long does an employer have to give you your last check?
It depends. If an employee is fired, the employer may wait until the next payday. However, if an employee resigns, typically employers will have to pay within 72 hours.
Are employers required to mail final paychecks?
It depends on your state laws and your personal preferences. However, typically an employer is not required to only mail final paychecks. Paychecks can be given by hand, deposited automatically, or mailed.
Can final paychecks be directly deposited?
Yes, it can. However, if your employer only has 72 hours to pay, the deposit may come in late.
Can an employer withhold pay if an employee quit without notice?
No employer can legally refuse to pay you what you are owed when you quit. However, the timing of your final paycheck depends on the governing state laws for final paychecks.
Can an employer hold your paycheck for any reason?
No, an employer cannot withhold a paycheck for any reason.
Can an employer withhold a final paycheck?
No, you can't withhold a final paycheck that is due to an employee, even if you fired them.
Which states have no final paycheck laws?
- Alabama.
- Arkansas.
- Florida.
- Georgia.
- Mississippi.
- Missouri.
Should employees provide advanced notice if they are going to quit?
Technically, an employee can quit at any time. However, for scheduling purposes and as a courtesy to their employer, employees should give notice. Most employment agreements actually stipulate a certain length of time that the employee must allow when providing their notice.
Should an employee be removed from the payroll once they quit?
An employee's information can be removed from your payroll system after their last paycheck has been paid out.