When an employee leaves a company—whether through resignation, termination, or layoff—employers are legally required to provide a final paycheck. However, the rules governing when and how that payment must be made vary significantly by state. Failing to comply can lead to costly penalties and legal disputes.
Timing is Key
In many states, the timing of the final paycheck depends on whether the employee was fired or quit. For example, in California, if an employee is terminated, wages must be paid immediately. If the employee quits with at least 72 hours’ notice, payment is due on their last day; otherwise, it must be made within 72 hours. In contrast, New York only requires that the final paycheck be paid by the next scheduled payday, regardless of how employment ends.
What Must Be Included
Final paychecks must include all wages earned up to the last day of work. This includes hourly pay, salary, bonuses, commissions (if applicable), and any accrued but unused vacation time, depending on the state. For instance, Illinois requires payout of unused vacation if it is part of the employment contract or policy, while Florida does not mandate it unless previously agreed upon.
State-Specific Penalties
Noncompliance with final paycheck laws can result in stiff penalties. Massachusetts, for example, allows employees to collect treble damages (three times the unpaid wages), while Texas gives employees the right to file a wage claim with the Texas Workforce Commission.
Stay Compliant
Because these laws are state-specific, it’s critical for employers to understand and follow the regulations where their business operates. Partnering with an experienced HR provider, like Workplace HCM, can help ensure compliance and reduce risk during employee separations.
Find Your State Below:
| State | Final Paycheck for Terminated Employees | Final Paycheck for Employees Who Resigned |
| Alabama | None | None |
| Alaska | 3 working days after the employee’s day of termination | Next payday, that’s at least 3 working days after the employee’s last day |
| Arizona | 7 working days or the next regular payday (whichever comes first) | Next payday |
| Arkansas | Next payday (employers owe double the wages due if wages are not paid within 7 days of payday) | Next payday |
| California | Immediately at the time of termination (with exceptions for seasonal employees in certain industries) | Immediately, if the employee gives at least 72 hours prior notice; 72 hours after quitting if the employee gives no notice |
| Colorado | Immediately (exceptions apply) | Next payday |
| Connecticut | Next business day | Next payday |
| D.C. | Next working day | Next payday, within 7 days after the resignation date, whichever is earlier |
| Delaware | Next payday | Next payday |
| Florida | None | None |
| Georgia | None | None |
| Hawaii | Immediately, or the next working day | Next payday, or immediately if the employee gave at least one pay period’s advance notice |
| Idaho | Next payday or 10 business days, whichever is earlier | Next payday or 10 business days, whichever is earlier |
| Illinois | Immediately, if possible, but if not, next payday | Immediately, if possible, but if not, next payday |
| Indiana | Next payday | Next payday |
| Iowa | Next payday | Next payday |
| Kansas | Next payday | Next payday |
| Kentucky | Next payday or 14 days, whichever is later | Next payday or 14 days, whichever is later |
| Louisiana | Next payday or 15 days after the discharge date, whichever comes first | Next payday or 15 days after the discharge date, whichever comes first |
| Maine | Next payday | Next payday |
| Maryland | Next payday | Next payday |
| Massachusetts | Immediately (in most circumstances) | Next payday |
| Michigan | Next payday (with exceptions for certain industries) | Next payday |
| Minnesota | Within 24 hours of a written demand for payment | Next payday. If payday is within 5 days of the last day of work, employers have up to 20 days |
| Mississippi | None | None |
| Missouri | Immediately | None |
| Montana | Immediately within 4 hours or at the end of the business day (whichever comes first) | Next payday or 15 days, whichever comes first |
| Nebraska | Next payday or within 2 weeks, whichever is earlier | Next payday or within 2 weeks, whichever is earlier |
| Nevada | Within 3 days | Next payday or within 2 weeks, whichever comes first |
| New Hampshire | Within 72 hours | Next payday |
| New Jersey | Next payday | Next payday |
| New Mexico | Within 5 days, task, piece, and commission wages are due within 10 days | Within 5 days, task, piece, and commission wages are due within 10 days |
| New York | Next payday | Next payday |
| North Carolina | Next payday | Next payday |
| North Dakota | Next payday | Next payday |
| Ohio | Next payday or within 15 days, whichever comes first | Next payday or within 15 days, whichever comes first |
| Oklahoma | Next payday | Next payday |
| Oregon | Next business day | On the last day of employment, if the employee gave 48 hours’ notice, within 5 working days or the next payday (whichever comes first), if the employee did not give 48 hours’ notice |
| Pennsylvania | Next payday | Next payday |
| Rhode Island | Next payday | Next payday |
| South Carolina | Within 48 hours or next payday, not exceeding 30 days | Within 48 hours or next payday, not exceeding 30 days |
| South Dakota | Next payday | Next payday |
| Tennessee | Next payday or within 21 days, whichever comes first | Next payday or within 21 days, whichever occurs last |
| Texas | Within 6 calendar days | Next payday |
| Utah | Within 24 hours | Next payday |
| Vermont | Within 72 hours | Next payday or the following Friday |
| Virginia | Next payday | Next payday |
| Washington | Next payday | Next payday |
| West Virginia | Next payday | Next payday |
| Wisconsin | Next payday | Next payday |
| Wyoming | Next payday | Next payday |
