When Is an Employee’s Final Paycheck Due?


When Is an Employee’s Final Paycheck Due?

Saying goodbye is never easy. In some states, that’s doubly true for HR departments tasked with administering payroll.
 

Depending on what state your business operates in, you may need to provide departing employees with their last paycheck well before your next scheduled payday. In states like California, you’ll have to do so immediately if the employee was fired. Failure to abide by that rule could result in additional “wait time” penalties, requiring you to pay out wages for each additional day the former employee is unpaid.
 

Below we’ve listed the states that have final paycheck laws on the books. Note that most of these distinguish between scenarios where the employee voluntarily leaves or is fired.

State Involuntary Terminations (Fired/Laid Off) Voluntary Terminations (Quit)
Alaska Within 7 business days Next scheduled payday
Arizona Within 7 business days or next payday (whichever is soonest) Next scheduled payday
Arkansas Within 7 days N/A
California Immediately Within 72 hours. If the employee gave more than 72 hours notice, it’s due immediately.
Colorado Immediately, or within the first 6 hours of the next business day if your payroll team is unavailable Next scheduled payday
Connecticut Next business day Next scheduled payday
Delaware Next scheduled payday Next scheduled payday
Washington D.C. Next business day Next payday or within seven business days, whichever is sooner
Hawaii Immediately, or the next business day if your payroll team is unavailable Next scheduled payday. If the employee gave notice a pay period in advance, it’s due immediately.
Idaho Next scheduled payday or within 10 days, whichever is sooner Next scheduled payday or within 10 days, whichever is sooner
Illinois Next scheduled payday 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 Next scheduled payday or within 14 days, whichever falls later Next scheduled payday or within 14 days, whichever falls later
Louisiana Next scheduled payday or within 15 days, whichever occurs soonest Next scheduled payday or within 15 days, whichever occurs soonest
Maine Next scheduled payday Next scheduled payday
Maryland Next scheduled payday Next scheduled payday
Massachusetts Immediately Next scheduled payday. If there is no scheduled payday, the paycheck must come by the Saturday following the employee’s departure.
Michigan Next scheduled payday Next scheduled payday
Minnesota Immediately Next scheduled payday. If the employee’s departure falls within five days of payday, the employer can wait 20 days after the employee's last day of work.
Missouri Immediately N/A
Montana Immediately. Employer are permitted to extend this to 15 days if they keep such a policy in writing. Next scheduled payday or within 15 days, whichever comes first
Nebraska Next scheduled payday or within two weeks, whichever comes first Next scheduled payday or within two weeks, whichever comes first
Nevada Immediately Next scheduled payday or within 7 days, whichever comes first
New Hampshire Within 72 hours Next scheduled payday, or within 72 hours if advance notice is given
New Jersey Next scheduled payday Next scheduled payday
New Mexico Within five days of termination Next scheduled payday
New York Next scheduled payday Next scheduled payday
North Carolina Next scheduled payday Next scheduled payday
North Dakota Next scheduled payday, or within 15 days, whichever occurs soonest Next scheduled payday
Ohio N/A First or fifteenth day of the month, depending on when wages were earned in the prior month
Oklahoma Next scheduled payday Next scheduled payday
Oregon End of the next business day Immediately, if provided with 48 hours notice. In all other cases, within five days or on the next scheduled payday, whichever comes first.
Pennsylvania Next scheduled payday Next scheduled payday
Rhode Island Next scheduled payday Next scheduled payday
South Carolina Next scheduled payday, but no more than 30 days post-termination. N/A
South Dakota Next scheduled payday. If the employee visits company property afterwards, immediately. Next scheduled payday. If the employee visits company property afterwards, immediately.
Tennessee Next scheduled payday or within 21 days, whichever comes latest Next scheduled payday or within 21 days, whichever comes latest
Texas Within 6 days Next scheduled payday
Utah Within 24 hours Next scheduled payday
Vermont Within 72 hours Next scheduled payday
Virginia Next scheduled payday Next scheduled payday
Washington Next scheduled payday Next scheduled payday
West Virginia Within 72 hours Immediately, if advance notice is given. Otherwise, next scheduled payday.
Wisconsin Next scheduled payday or within the month, whichever occurs soonest. If the termination is due to an acquisition or relocation, within 24 hours. Next scheduled payday
Wyoming Within 5 business days Within 5 business days

Not all states have laws covering last paychecks. In these instances, we recommend compensating the terminated employee no later than your company’s next payday. The Department of Labor encourages individuals who have not received their pay in a timely manner to file a claim with the agency.
 

Does your business have offices in multiple states? Because these laws are intended to protect workers first and foremost, note that they apply to where the employee is located, not where your office headquarters happens to be. To learn additional tips for managing multistate compliance, read the Ultimate Guide To Multistate Employment.