With the exception of four states (Alabama, Florida, Georgia, and Mississippi), each state has specific laws regarding the issuance of a final paycheck to a separated employee. Many states differentiate whether the employee was separated voluntarily or involuntarily, and the timing ranges from “immediately” (yes, this means the same day the employee is terminated) to the next scheduled payday, so I have put together this table for quick and easy reference.
Each state has penalties for violation of the final check rule, so be sure you know what is required. A state such as California will enforce the employer to pay a full days wage as a penalty on top of the wages owed for each day the employer fails to provide the employee with a final check, so as they say, time is money. While there is no federal law enforcing the timing of a final check (yes, really), non-paying of wages could certainly lead to a Fair Labor Standards Act violation, and no one wants that.
As a bonus tip, be sure the employee’s final check includes compensation for all time worked. A best practice discourages deductions for items such as property violations, and non-exempt employees must be paid at least minimum wage for all regular hours worked.
| State | Involuntary Termination | Employee Resignation |
| Alabama | No Law | No Law |
| Alaska | Last check must be given within three working days – not counting weekends, holidays, and the actual day the employee was terminated. | Last check must be given on the next scheduled payday that is at least three days after the employer received notice of the employee’s termination of services. |
| Arizona | Last check must be given within seven working days, or on the next scheduled payday, whichever occurs first. | Next regularly scheduled payday |
| Arkansas | Last check must be given within seven days. | Next regularly scheduled payday |
| California | Immediately, at the time of termination. | Last check must be given within 72 hours. However, if the employee has given more than 72 hours’ notice, last check must be given immediately. |
| Colorado | Last check must be given immediately. “Immediately” means within 6 hours 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. | Next regularly scheduled payday |
| Connecticut | Last check must be given on the next business day. | Next regularly scheduled payday |
| Delaware | Next regularly scheduled payday | Next regularly scheduled payday |
| District of Columbia (DC) | Last check must be given on the next business day. | Last check must be given on the next scheduled payday, or within seven days, whichever occurs first. |
| Florida | No Law | No Law |
| Georgia | No Law | No Law |
| Hawaii | Last check must be given immediately, or on the next business day if there are conditions that prevent immediate payment. | Lastcheck must be given on the next scheduled payday, however, if the employee gave at least one pay period’s notice, last check must be given immediately. |
| Idaho | Last check must be given on the next scheduled payday (excluding weekends and holidays), or within 10 days, whichever occurs first. If employee makes a written request for earlier payment, within 48 hours of receiving the request (excluding weekends and holidays). | Last check must be given on the next scheduled payday (excluding weekends and holidays), or within 10 days, whichever occurs first. If employee makes a written request for earlier payment, within 48 hours of receiving the request (excluding weekends and holidays). |
| Illinois | If possible, the last check should be paid in full at the time of separation; otherwise it must be given on the next scheduled payday. | If possible, the last check should be paid in full at the time of separation; otherwise it must be given on the next scheduled payday. |
| Indiana | Next regularly scheduled payday | Last 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. |
| Iowa | Next regularly scheduled payday | Next regularly scheduled payday |
| Kansas | Next regularly scheduled payday | Next regularly scheduled payday |
| Kentucky | Last check must be given on the next scheduled payday, or within 14 days, whichever occurs later. | Last check must be given on the next scheduled payday, or within 14 days, whichever occurs later. |
| Louisiana | Last check must be given on the next scheduled payday, or within 15 days, whichever occurs earlier. | Last check must be given on the next scheduled payday, or within 15 days, whichever occurs earlier. |
| Maine | Last check must be given on the next scheduled payday, or within two weeks after a demand from the employee, whichever is earlier. | Last check must be given on the next scheduled payday, or within two weeks after a demand from the employee, whichever is earlier. |
| Maryland | Next regularly scheduled payday | Next regularly scheduled payday |
| Massachusetts | Immediately at the time of termination | Last 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. |
| Michigan | Next regularly scheduled payday | Next regularly scheduled payday |
| Minnesota | Immediately at the time of termination | Last 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 | No Law | No Law |
| Montana | Last paycheck must be given immediately if terminated for cause. 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. | Last paycheck must be given on the next scheduled payday or within 15 days, whichever is earlier. |
| Nebraska | Last check must be given on the next scheduled payday or within two weeks, whichever occurs first. | Last check must be given on the next scheduled payday or within two weeks, whichever occurs first. |
| Nevada | Immediately at the time of termination | Last check must be given on the next scheduled payday or within seven days, whichever occurs first. |
| New Hampshire | Last check must be given within 72 hours. However, if employee is laid off, the employer may wait until the next scheduled payday. | Last check must be given on the next scheduled payday or within 72 hours (if the employee gave at least one pay period’s notice). |
| New Jersey | Next regularly scheduled payday | Next regularly scheduled payday |
| New Mexico | Fixed and definite amount (not based on a task, piece, commission basis or other method of calculation) become due immediately on demand and must be paid within five days of discharge. | Next regularly scheduled payday |
| New York | Next regularly scheduled payday | Next regularly scheduled payday |
| North Carolina | Next regularly scheduled payday | Next regularly scheduled payday |
| North Dakota | Next regularly scheduled payday | Next regularly scheduled payday |
| Ohio | No Law | No specific law, but Ohio’s statute can be interpreted as requiring employers that pay employees on a semi-monthly basis to make full payment for wages earned on the first and fifteenth of each month. |
| Okalahoma | Next regularly scheduled payday | Next regularly scheduled payday |
| Oregon | Last check must be given by the end of the next business day. | Last check must be given immediately if the employee has given at least 48 hours’ notice. If employee does not give notice, last check must be given within five days or the next scheduled payday, whichever occurs first. |
| Pennsylvania | Next regularly scheduled payday | Next regularly scheduled payday |
| Rhode Island | Last check must be given on the next scheduled payday. If the separation is due as a result of the employer liquidating the business, merging the business, disposing the business, or removing the business out of state, all wages become immediately due and payable within twenty four hours of the time of separate at the usual place of payment. | Next regularly scheduled payday |
| South Carolina | Last check must be given within 48 hours or on the next scheduled payday, but not more than 30 days. | No Law |
| South Dakota | Last check must be given on the next scheduled payday or when the employee returns the employer’s property. | Last check must be given on the next scheduled payday or when the employee returns the employer’s property. |
| Tennessee | Last check must be given on the next scheduled payday or within 21 days, whichever is later. | Last check must be given on the next scheduled payday or within 21 days, whichever is later. |
| Texas | Last check must be given within six days. | Next regularly scheduled payday |
| Utah | Last check must be given within 24 hours. | Next regularly scheduled payday |
| Vermont | Last check must be given within 72 hours. | Last check must be given on the next scheduled payday, or on the next Friday if there is no scheduled paydays. |
| Virginia | Next regularly scheduled payday | Next regularly scheduled payday |
| Washington | Next regularly scheduled payday | Next regularly scheduled payday |
| West Virginia | Next regularly scheduled payday | Next regularly scheduled payday |
| Wisconsin | Last 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, last check must be given within 24 hours. | Next regularly scheduled payday |
| Wyoming | Last check must be given within five business days. | Last check must be given within five business days. |
If your business needs assistance with HR questions such as this, then check out PayMaster’s HR Support Center. You have questions, our team of Certified HR Professionals has the answers. https://paymaster.com/p/services/hr/support/
While I make every attempt to ensure the accuracy and reliability of the information provided in this article, the information is provided “as-is” without warranty of any kind. PayMaster, Inc or Romeo Chicco does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained. Consult with your CPA, Attorney, and/or HR Professional as federal, state, and local laws change frequently.
