The difference between whether an employee quits or is fired can have a big impact on how much money is due to them at the end of the employment relationship, which is why it’s vital for the employer to know the legal requirements for final paychecks in each state.
For example, for employees who quit, California’s final paycheck law requires payment of wages within 72 hours or immediately if the employee gave at least 72 hours’ notice. If the employee is discharged in California, then the law requires employers to provide any and all compensation due at the time of separation. The employee can file a wage claim for every day they don’t receive a check after the time of separation.
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 it.
While the Fair Labor Standards Act (FLSA) requires payment for all hours worked, most states enact their own final paycheck laws. With so many state laws pertaining to when an employee’s final paycheck must be given, such as the Wage and Protection Act, wage claim laws, or labor codes, it can get tricky for employers. This chart breaks down the varying timelines in each state, outlining when a final paycheck must be delivered. We will keep this table regularly updated, but be sure to double-check with your state’s department of labor in case the laws have changed.
| State | If the Employee Quit | If You Fired the Employee |
|---|---|---|
| Alabama | No law | 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 | Next scheduled payday, or within 7 working days if the employee demands it. (Employer will owe 2x the wages if not paid within 7 days of the next scheduled payday.) |
| California | Within 72 hours, or immediately if the employee gave at least 72 hours’ notice | Immediately (Employees can recover penalties for every day wages are withheld.) |
| Colorado | Next scheduled payday | Immediately |
| Connecticut | Next scheduled payday | Next business day |
| Delaware | Whichever is latest: Next scheduled payday or 3 days after last day worked | Whichever is latest: Next scheduled payday or 3 days after last day worked |
| District of Columbia | Whichever is first: within 7 days or next payday | Next business day |
| Florida | No law | No law |
| Georgia | No law | No law |
| Hawaii | On employee’s last day if employee gives one pay period notice, or scheduled payday | Immediately or next business day |
| Idaho | Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, employer must pay within 48 hours of receiving the request (weekends and holidays excluded). | Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, employer must pay within 48 hours of receiving the request (weekends and holidays excluded). |
| Illinois | Immediately if possible, but no later than next scheduled payday | Immediately if possible, but no later than 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 employee’s demand | Whichever is first: next scheduled payday or within 2 weeks of employee’s demand |
| Maryland | Next scheduled payday | Next scheduled payday |
| Massachusetts | Next scheduled payday | Last day of work |
| 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 the last day worked | Within 24 hours of demand |
| Mississippi | No law | No law |
| Missouri | No law | Immediately |
| Montana | Whichever is first: next scheduled payday or within 15 days | Immediately (within 4 hours or the end of the same business day) |
| 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 | Within 3 days of termination |
| New Hampshire | Next scheduled payday, or within 72 hours if the employee gives one period pay notice | Within 72 hours |
| New Jersey | Next scheduled payday | Next scheduled payday |
| New Mexico | Next scheduled payday | Within 5 days for fixed amounts or 10 days for variable amounts |
| New York | Next scheduled payday | Next scheduled payday |
| North Carolina | On or before next scheduled payday | On or before next scheduled payday |
| North Dakota | Next scheduled payday | Next scheduled payday |
| Ohio | Whichever is first: next scheduled payday or within 15 days | Whichever is first: next scheduled payday or within 15 days |
| Oklahoma | Whichever is later: Next scheduled payday or within 14 days | Whichever is later: Next scheduled payday, or within 14 days, whichever is later |
| Oregon | On last day of employment if the employee gave 48 hours’ notice, otherwise within 5 days or the next payday, whichever comes first | By the end of the next business day |
| Pennsylvania | Next scheduled payday | Next scheduled payday |
| Rhode Island | Next scheduled payday | Next scheduled payday |
| South Carolina | Within 48 hours or next scheduled payday; not to exceed 30 days | Within 48 hours or next scheduled payday; not to exceed 30 days |
| South Dakota | Next scheduled payday, or the employer can hold the final pay until company property is returned | Next scheduled payday, or the employer can hold the final pay until company property is returned |
| Tennessee | Within 21 days or the next regular payday, whichever occurs later | Within 21 days or the next regular payday, whichever occurs later |
| Texas | Next scheduled payday | Within 6 calendar days of last day worked |
| Utah | Next scheduled payday | Within 24 hours |
| Vermont | Next scheduled payday or the next Friday if there is no regular payday | Within 72 hours from the time of discharge |
| Virginia | On or before next scheduled payday | On or before next scheduled payday |
| Washington | On or before next scheduled payday | On of before next scheduled payday |
| West Virginia | On or before next scheduled payday | On or before next scheduled payday |
| Wisconsin | Next scheduled payday | Next scheduled payday |
| Wyoming | Next scheduled payday | Next scheduled payday |
Can an Employer Withhold a Final Paycheck?
South Dakota allows employers to withhold a paycheck until company property is returned, but that’s an exception to the rule. In general, you cannot withhold unpaid wages due, nor can you make a final paycheck conditional. Failure to follow your state’s final paycheck laws can lead to penalties and fines if the employee takes legal action.
Stay up-to-date on payroll dates with our 2025 Payroll Calendar Templates
How Long Does an Employer Have to Send a Final Check?
Some states have no law that requires a business to provide final wages in a certain timeframe, but most states do. The issue of payment of wages mostly depends on whether the employee quit or was involuntarily terminated. The most widely followed procedure for employees who quit is for wages to be mailed or sent by direct deposit by the next scheduled payday. The laws vary when it comes to the final paycheck for terminated employees, but in general, payment is required in a more timely manner than if the employee quit.
What Needs to be Included on a Final Paycheck?
When issuing a final paycheck, employers must ensure it includes all regular wages from the employee’s last pay period, along with any additional compensation required by state law or company policy. This might include accrued but unused paid time off (PTO), bonuses, commissions, and reimbursement for business expenses. For example, California requires unused vacation time to be paid out at the time of a termination.
What Happens if an Employer Fails to Comply with Final Paycheck Laws?
If an employer fails to comply with final paycheck laws, they can face serious legal and financial consequences. Employees may file wage claims or take legal action to recover unpaid wages, leading to penalties, fines, and interest on the unpaid amount.
In some states, employers may be required to pay additional compensation. For example, if an Arkansas employer fails to make payment within 7 days of the next regular payday for a terminated employee, then the employer owes the employee double the wages due.
Non-compliance can also damage an employer’s reputation, impacting employee trust and leading to further scrutiny from labor boards or state agencies responsible for enforcing wage laws.
How Paycor Can Help
Staying up to date on compliance rules can be cumbersome but is critical. For example, employers who don’t comply with their state’s final paycheck laws risk fines, penalties, interest accrued, and wage claims.
Paycor’s compliance solution for payroll keeps you current on local, state, and federal payroll laws, ensuring final paychecks are issued accurately and on time. Learn more by watching this quick interactive payroll demo.
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.
