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Final Paycheck Laws by State 2024

Final Paycheck Laws by State 2024

Employment rates and laws vary by state. Among these laws include states with at-will employment, where an employer can terminate an employee for any reason without warning, as long as it is not illegal or discriminatory.

When an employee leaves a business, the business owner must follow an employee termination checklist. In this checklist is the responsibility to give a terminated employee his or her final paycheck.

Final paycheck laws vary depending on the state your employees are in, but there are some general rules. Whether your employee quit or you terminated him/her, you must give them their last paycheck containing their regular wage from the most recent pay period. You cannot withhold money from the employee’s last paycheck, even if the employee owes your business, and you cannot attach a condition of receipt to the final paycheck.

As an employer, you must follow your state’s final paycheck laws, and failing to do so can result in legal action. Many employers fail to comply out of ignorance.

Some states require an employer to provide the final paycheck within a specific time frame or immediately. Some states’ final paycheck laws depend on how the employee was terminated, either by quitting or fired by the employer.

Final Paycheck Laws by State 2024

51 Rows

State
Employee Terminated
Employee Resigns
VermontWithin 72 hours from the time of dischargeWhichever is first: next scheduled payday or if there is no regular payday, then the next Friday.
New HampshireWithin 72 hoursNext scheduled payday, or within 72 hours if the employee gives one period pay notice
South CarolinaWithin 48 hours or next scheduled payday not to exceed 30 daysWithin 48 hours or next scheduled payday not to exceed 30 days
MinnesotaWithin 24 hours of demandNext payday that’s at least 5 days after an employee’s last day but no more than 20 days after the last day worked.
UtahWithin 24 hoursNext scheduled payday
TennesseeWithin 21 days or the next regular payday whichever occurs laterWithin 21 days or the next regular payday whichever occurs later
TexasWithin 6 calendar daysNext scheduled payday
AlaskaWithin 3 working days of terminationNext scheduled payday that’s at least 3 days after the employee gives notice
NevadaWithin 3 daysWhichever is first: within 7 days or next payday
KentuckyWhichever is later: within 14 days or next scheduled paydayWhichever is later: within 14 days or next scheduled payday
IdahoWhichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request.Whichever is first: within 10 days or next payday. If employee provides a written request for earlier payment, within 48 hours of receiving the request.
ArizonaWhichever is first: within 7 working days or next paydayNext scheduled payday
NebraskaWhichever is first: next scheduled payday or within two weeksWhichever is first: next scheduled payday or within two weeks
LouisianaWhichever is first: next scheduled payday or within 15 daysWhichever is first: next scheduled payday or within 15 days
OhioWhichever is first: next scheduled payday or within 15 daysWhichever is first: next scheduled payday or within 15 days
MaineWhichever is first: next scheduled payday or within 2 weeks of employee’s demandWhichever is first: next scheduled payday or within 2 weeks of employee’s demand
AlabamaNo lawNo law
FloridaNo lawNo law
GeorgiaNo lawNo law
MississippiNo lawNo law
OklahomaNext scheduled payday, or within 14 days, whichever is laterNext scheduled payday, or within 14 days, whichever is later
ArkansasNext scheduled payday, or within 7 working days if the employee demands it. (employer will owe 2X the wages if not paid within 7 days)Next scheduled payday
South DakotaNext 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.
North CarolinaNext scheduled payday, or before. Either by regular way wages are paid, or by mail. Employee’s decision.Next scheduled payday, or before. Either by regular way wages are paid, or by mail. Employee’s decision.
New MexicoNext scheduled payday (task, piece and commission wages due within 10 days). If wages are a fixed amount, then they are due within 5 days of termination.Next scheduled payday
PennsylvaniaNext scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so).Next scheduled payday (If the employee requests the final check to be mailed, then the company is required to do so).
DelawareNext scheduled paydayNext scheduled payday
IndianaNext scheduled paydayNext scheduled payday
IowaNext scheduled paydayNext scheduled payday
KansasNext scheduled paydayNext scheduled payday
MarylandNext scheduled paydayNext scheduled payday
New JerseyNext scheduled paydayNext scheduled payday
New YorkNext scheduled paydayNext scheduled payday
North DakotaNext scheduled paydayNext scheduled payday
Rhode IslandNext scheduled paydayNext scheduled payday
VirginiaNext scheduled paydayNext scheduled payday
WashingtonNext scheduled paydayNext scheduled payday
West VirginiaNext scheduled paydayNext scheduled payday
WisconsinNext scheduled paydayNext scheduled payday
WyomingNext scheduled paydayNext scheduled payday
ConnecticutNext business dayNext scheduled payday
District of ColumbiaNext business dayWhichever is first: within 7 days or next payday
HawaiiImmediately or next business dayImmediately if employee gives one pay period notice, or scheduled payday
IllinoisImmediately if possible but no later than next scheduled paydayImmediately if possible but no later than next scheduled payday
MontanaImmediately (within 4 hours or the end of the same business day)Whichever is first: next scheduled payday or within 15 days
CaliforniaImmediately (employees can recover penalties for every day wages are withheld)Within 72 hours or immediately if the employee gave at least 72 hours’ notice
ColoradoImmediatelyNext scheduled payday
MassachusettsImmediatelyNext scheduled payday
MissouriImmediatelyNo law
OregonBy the end of the next business dayImmediately if the employee gave 48 hours’ notice, otherwise within 5 days, or the next payday – whichever comes first
MichiganAll wages earned are due as soon as the amount can be determinedAll wages earned are due as soon as the amount can be determined

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