Final Paycheck Laws by State
When a job ends, the employer owes the worker all wages earned up to the last day of work. Federal law does not require employers to issue a final paycheck right away. Instead, many states set their own deadline, and that deadline can depend on whether the employee was fired or laid off, or chose to quit.
46 states and DC compared. Last checked .
At a glance
- Accrued vacation paid out
- 32 of 33
- States and DC where the answer is yes or yes in some cases.
Compare final paycheck laws
State rules also differ on accrued vacation time. Some statutes treat earned vacation as wages that must be paid out at separation. Others leave the question to the employer's written policy or the employment contract, and in some states the final pay law does not require it at all. This guide compares the deadline for fired employees, the deadline for employees who quit and the vacation payout rule, and links each one to its statute.
47 of 47 shown
| Deadline if fired | Deadline if employee quits | Sources | ||
|---|---|---|---|---|
| AKAlaska | Within 3 working daysCounted from the termination by the employer, regardless of the cause. | Next payday at least 3 days after noticeThe payday must fall at least 3 days after the employer received notice that the employee is leaving. | Only if policy or contract provides it | |
| AZArizona | Earlier of 7 working days or end of next pay periodWhichever comes sooner. | Regular payday for the final pay periodPaid in the usual manner, or by mail if the employee asks. | Not listed | |
| ARArkansas | Next regular paydayIf payment is not made within 7 days of the next regular payday, the employer owes double the wages due. | Not listed | Not listed | |
| CACalifornia | ImmediatelySome seasonal food processing layoffs allow up to 72 hours. | Within 72 hours, or last day with 72 hours noticeAn employee who gives 72 hours notice is paid at the time of quitting. | Yes, vested vacation is paid as wages | |
| COColorado | ImmediatelyIf the payroll unit is closed, within 6 hours of its next workday, or 24 hours if the unit is off site. | Next regular payday | Yes, earned vacation is paid at separation | |
| CTConnecticut | Next business dayLaid off employees are paid by the next regular payday. | Next regular payday | Only if policy or union contract provides it | |
| DEDelaware | Later of next payday or 3 business daysThe same rule applies to a discharge, suspension or layoff. | Later of next payday or 3 business days | Only if an agreement provides it | |
| DCDistrict of Columbia | Next working dayAn employee responsible for employer money can be paid after a 4 day account check. | Earlier of next payday or 7 daysApplies to employees without a written contract for more than 30 days. | Not listed | |
| HIHawaii | Immediately, or next working dayThe next working day applies only when conditions prevent immediate payment. | Next regular paydayPaid at the time of quitting if the employee gave at least one pay period's notice. | Not required by the final pay statute | |
| IDIdaho | Earlier of next payday or 10 business days10 days exclude weekends and holidays; within 48 hours if the employee asks in writing. | Earlier of next payday or 10 business daysSame rule as a firing; within 48 hours of a written request. | Not listed | |
| ILIllinois | At separation if possible, no later than next payday | At separation if possible, no later than next payday | Yes, earned vacation must be paid | |
| INIndiana | Regular payday for the final pay periodDoes not apply to railroads. | Next regular paydayIf the employee's address is unknown, payment can wait until 10 business days after a demand or until the employee gives an address. | Not listed | |
| IAIowa | Next regular paydayCommission differences are due within 30 days. | Next regular payday | Only if policy or agreement provides it | |
| KSKansas | Next regular payday | Next regular payday | Depends on employer policy terms | |
| KYKentucky | Later of next payday or 14 days | Later of next payday or 14 days | Vested vacation pay counts as wages | |
| LALouisiana | Earlier of next payday or 15 days | Earlier of next payday or 15 days | Yes, earned vacation under the policy | |
| MEMaine | Next regular payday | Next regular payday | Yes, employers with 11 or more employees | |
| MDMaryland | Next regular payday | Next regular payday | Yes, unless a written policy limits payout | |
| MAMassachusetts | Same day as discharge | Next regular paydayIf there is no regular payday, wages are due on the following Saturday. | Yes, vacation pay due counts as wages | |
| MIMichigan | Next regular payday | Next regular payday | Depends on written policy or contract | |
| MNMinnesota | Within 24 hours of written demandWages are immediately due on discharge upon the employee's demand; the employer is in default if not paid within 24 hours after a written demand. | Next regular payday (no later than 20 days)If that payday is less than 5 days after the last day, payment may wait until the second payday, but no more than 20 calendar days. | Depends on employer policy | |
| MOMissouri | Same day as dischargeIf unpaid, the employee can ask in writing; if payment does not arrive within 7 days, wages continue as a penalty for up to 60 days. Some commission employees whose pay needs an audit are excluded. | Not listed | Only if a contract provides it | |
| MTMontana | Immediately, or earlier of next payday or 15 days by policyApplies when the employee is separated for cause or laid off. Immediate means by the earlier of close of business or 4 hours after notice. A written policy can allow the next payday or 15 days, whichever is first. | Earlier of next payday or 15 daysThis is the general rule for any separation not covered by the for cause or layoff rule. | Not listed | |
| NENebraska | Earlier of next payday or 14 days | Earlier of next payday or 14 days | Yes, earned unused vacation is paid | |
| NVNevada | ImmediatelyAlso applies when an employee is placed on nonworking status (temporary layoff). | Earlier of next payday or 7 days | Not listed | |
| NHNew Hampshire | Within 72 hoursLaid off employees must be paid by the next regular payday. | Next regular paydayWithin 72 hours if the employee gave at least one pay period's notice. | Depends on employer policy or practice | |
| NJNew Jersey | Next regular payday | Next regular payday | Not required, follows employer policy | |
| NMNew Mexico | Within 5 days (10 days for task or commission pay)5 days applies when pay is a fixed amount; 10 days applies to task, piece, commission or other pay. | Next regular paydayApplies to employees without a written contract for a definite period. | Not listed | |
| NYNew York | Next regular payday | Next regular payday | Depends on written policy | |
| NCNorth Carolina | Next regular payday | Next regular payday | Depends on policy (forfeiture needs notice) | |
| NDNorth Dakota | Next regular paydayWhen the employer ends the job, wages must be sent by certified mail to an address the employee designates, or as otherwise agreed. | Next regular payday | Yes, earned paid time off is wages | |
| OHOhio | Regular semimonthly paydayNo special final pay rule. Wages for the 1st to 15th are due by the 1st of the next month, and the rest of the month by the 15th. | Regular semimonthly paydayNo special final pay rule. Wages for the 1st to 15th are due by the 1st of the next month, and the rest of the month by the 15th. | Not listed | |
| OKOklahoma | Next regular paydayUnless a collective bargaining agreement covering the employee provides otherwise. | Next regular payday | Only if policy or agreement provides it | |
| OROregon | End of the next business dayAlso applies when the job ends by mutual agreement. | Immediately with 48 hours notice, otherwise 5 business daysWithout 48 hours notice, wages are due within 5 days (excluding weekends and holidays) or on the next regular payday, whichever comes first. | Only if policy or agreement provides it | |
| PAPennsylvania | Next regular payday | Next regular payday | Only if policy or agreement provides it | |
| RIRhode Island | Next regular paydayWithin 24 hours if the separation results from the employer closing, merging, selling or moving the business out of state. | Next regular payday | Yes, after 1 year of service | |
| SCSouth Carolina | 48 hours or next payday (no later than 30 days) | 48 hours or next payday (no later than 30 days)The rule applies to any separation from the payroll, including a resignation. | Only if policy or contract provides it | |
| SDSouth Dakota | Next regular paydayOr as soon after as the employee returns all employer property. | Next regular paydayOr as soon after as the employee returns all employer property. | Not listed | |
| TNTennessee | Later of next payday or 21 daysPiece work and commission pay is due by the last day of the following month. | Later of next payday or 21 daysPiece work and commission pay is due by the last day of the following month. | Only if policy or labor agreement provides it | |
| TXTexas | Within 6 days | Next regular payday | Only if written policy or agreement provides it | |
| UTUtah | Within 24 hoursWages are due immediately on separation and must be paid within 24 hours. | Next regular paydayApplies to employees without a written contract for a definite period. | Not listed | |
| VTVermont | Within 72 hours | Regular payday, or following Friday if none | Not listed | |
| VAVirginia | Next regular payday | Next regular payday | Not listed | |
| WAWashington | End of the established pay periodDoes not apply if a labor-management agreement provides otherwise. | End of the established pay periodDoes not apply if a labor-management agreement provides otherwise. | Not listed | |
| WVWest Virginia | Next regular paydayAlso applies to layoffs. | Next regular payday | Depends on policy or agreement terms | |
| WIWisconsin | Regular pay schedule | Regular pay schedule | Depends on written policy | |
| WYWyoming | Next regular payday | Next regular payday | Yes, unless a written forfeiture policy applies |
Alabama, Florida, Georgia and Mississippi are not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Note the exact last day of work and how the job ended, since the deadline often runs from that date and may differ for a firing, a layoff or a resignation. Some statutes also change the deadline when an employee quits without giving notice.
Read the employer's written vacation or paid time off policy and any employment contract. Where state law leaves vacation payout to the employer, the policy terms usually decide whether unused time is paid out or forfeited.
If a final paycheck is late or short, the state labor department usually accepts wage claims, often without a lawyer. Some statutes add penalties for late payment, such as extra daily wages, so keep pay stubs, timesheets and any written communication about the final pay.
Final Paycheck Laws: state by state
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
Does federal law set a deadline for a final paycheck?
No. The federal Fair Labor Standards Act does not require an employer to pay final wages immediately. Final paycheck deadlines come from state law. Where a state has no specific rule, final wages are generally due by the next regular payday.
Is the deadline different if I was fired or if I quit?
It can be. Some states require faster payment when the employer ends the job than when the employee resigns. Others use one deadline for every separation, such as the next regular payday. Check the statute for the state where you worked.
Do employers have to pay out unused vacation time?
It depends on the state. Some states treat earned vacation as wages that must be paid at separation. Others require payout only if the employer's policy or contract promises it, and in some the final pay law does not require payout at all. Paid sick leave is often treated differently from vacation.
What can I do if my final paycheck is late?
Contact the employer in writing first and ask for the amount owed. If that does not work, you can usually file a wage claim with the state labor department or sue in small claims court. Some states add penalties or interest for late final wages.
Accrued vacation paid out: which states say yes?
Of the 33 jurisdictions we checked, the answer is yes in 9 jurisdictions, in some cases in 23, no in 1. Yes: California, Colorado, Illinois, Louisiana, Maine, Massachusetts, Nebraska, North Dakota and Rhode Island. In some cases: Alaska, Connecticut, Delaware, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, West Virginia, Wisconsin and Wyoming.