Final Paycheck Laws - Best Practices

Whether you are dealing with a recently terminated employee or someone who has elected to depart your company, it's critically important that you adhere to state laws for providing a last paycheck.

Here are some tips to make sure you are in compliance

It's possible that the final paycheck laws in your state may change. Set up a Google Alert for the term "final paycheck law [your state]" so that you will be notified of any public discussions about or changes to the law in your state.
Partner with an HR specialist and/or employment lawyer who can help make certain your business is in compliance with your state's final paycheck law.
Deploy modern payroll software like Gusto, to automate your payroll processes.

State

Employee Terminated

Employee Quit

Citation

Alabama

No law exists

Table cell

Alaska

Within 3 working days

Next scheduled payday that is at least three days after the employee gives notice

Alaska Statute § 23.05.140

Arizona

Within 7 working days or on next scheduled payday, whichever occurs first.

Next scheduled payday

Arizona Revised Statute § 23-353

Arkansas

Within 7 days

Next scheduled payday

Arkansas Code § 11-4-405

California

Immediately

Within 72 hours, unless employee has given more than 72 hours' notice, then, check must be given immediately

California Labor Code § 201 § 202 § 227.3

Colorado

Immediately, meaning 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 scheduled payday

Colorado Revised Statute § 8-4-109

Connecticut

Next business day

Next scheduled payday

Connecticut General Statutes § 31-71c

Delaware

Next scheduled payday

Delaware Code Annotated title 19, § 1103

District of Columbia

Next business day

Next scheduled payday, or within seven days, whichever comes first

District of Columbia Code § 32-1303

Florida

No law exists

Table cell

Georgia

No law exists

Table cell

Hawaii

Immediately, or next business day if there are conditions that prevent immediate payment.

Next scheduled payday, unless employee gave at least one pay period's notice, then check must be given immediately

Hawaii Revised Statute § 388-3

Idaho

Next scheduled payday, or within 10 days, whichever occurs first. However, if employee makes a written request for earlier payment, within 48 hours of receiving the request.

Next scheduled payday, or within 10 days, whichever occurs first. However, if employee makes a written request for earlier payment, within 48 hours of receiving the request

Idaho Code § 45-606 § 45-617

Illinois

At the time of separation if possible, but in no case later than the next regularly scheduled payday.

Illinois Compiled Statutes 820 ILCS 115/5

Indiana

Next scheduled payday

Indiana Code § 22-2-9-2 § 22-2-5-1

Iowa

Next scheduled payday

Iowa Code § 91A.4

Kansas

Next scheduled payday

Kansas Statute § 44-315

Kentucky

Next scheduled payday or within 14 days, whichever occurs later.

Next scheduled payday, or within 14 days, whichever occurs later.

Kentucky Revised Statute § 337.055

Louisiana

Next scheduled payday, or within 15 days, whichever occurs earlier.

Louisiana Revised Statute § 23:631

Maine

Next scheduled payday or within two weeks after a demand from the employee, whichever comes first.

Next scheduled payday or within two weeks after a demand from the employee, whichever is earlier.

Maine Revised Statute tit. 26 § 626

Maryland

Next scheduled payday

Maryland Labor and Employment Code § 3-505

Massachusetts

Immediately

Next scheduled payday or, if there is no scheduled payday, on the Saturday that follows an employee's resignation

Massachusetts Laws ch. 149 § 148

Michigan

Next scheduled payday

Michigan Compensation Laws § 408.474 § 408.475

Minnesota

Immediately

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.

Minnesota Statute § 181.13 § 181.14

Mississippi

No law exists

Table cell

Missouri

Immediately

No law exists

Missouri Revised Statute § 290.110

Montana

Immediately. The employer has the option of maintaining a written policy that extends this time to next scheduled payday or within 15 days, whichever comes first

Next scheduled payday or within 15 days, whichever is earlier.

Montana Code § 39-3-205

Nebraska

Next scheduled payday or within two weeks, whichever comes first

Next scheduled payday or within two weeks, whichever occurs first.

Nebraska Revised Statute § 48-1230

Nevada

Immediately

Next scheduled payday or within seven days, whichever occurs first.

Nevada Revised Statute § 608.020

New Hampshire

Within 72 hours. However, if employee is laid off, may be next scheduled payday.

Next scheduled payday or within 72 hours (if the employee gave at least one pay period's notice).

New Hampshire Revised Statute § 275:44

New Jersey

Next scheduled payday

New Jersey Statute § 34:11-4.3

New Mexico

Within 5 days

Next scheduled payday

New Mexico Statute § 50-4-4 § 50-4-5

New York

Next scheduled payday

New York Labor Law § 191

North Carolina

Next scheduled payday

North Carolina General Statute § 95.25.7

North Dakota

Next scheduled payday or within 15 days, whichever comes first

Next scheduled payday

Noth Dakota Century Code § 34-14-03

Ohio

No law exists

On the first day of the month for wages that were earned in the first half of the prior month, or on the fifteenth day of the month for wages earned in the second half of the prior month.

Ohio Revised Code § 4113.15

Oklahoma

Next scheduled payday

Oklahoma State tit. 40 § 165.3

Oregon

Next business day

Immediately, if the employee has given at least 48 hours' notice. If employee does not give notice, final check must be given within five days or Next scheduled payday, whichever occurs first.

Oregon Revised Statute § 652.140

Pennsylvania

Next scheduled payday

Pennsylvania Consolidated Statute § 260.5

Rhode Island

Next scheduled payday

Rhode Island General Law § 28-14-4

South Carolina

Within 48 hours or on next scheduled payday, but not more than 30 days later

No law exists

South Carolina Codified Law § 41-10-50

South Dakota

Next scheduled payday or when the employee returns the employer's property

Next scheduled payday or when the employee returns the employer's property.

South Dakota Codified Law § 60-11-10 § 60-11-14

Tennessee

Next scheduled payday or within 21 days, whichever is later

Next scheduled payday or within 21 days, whichever is later.

Tennessee Code § 50-2-103

Texas

Within 6 days

Next scheduled payday

Texas Code, Labor § 61.014

Utah

Within 24 hours

Utah Code § 34-28-5

Vermont

Within 72 hours

Next scheduled payday, or on the next Friday if there is no scheduled paydays.

Vermont Statute tit. 21 § 342

Virginia

Next scheduled payday

Virginia Code § 40.1-29

Washington

Next scheduled payday

Washington Revised Code § 49.48.010

West Virginia

Within 72 hours

Immediately if the employee has given at least one pay period's notice. If the employee has not provided such notice, Next scheduled payday

West Virginia Code § 21-5-4

Wisconsin

Next scheduled payday or within one month, whichever comes first. If the termination is a result of a merger, relocation or liquidation of the business, final check must be given within 24 hours.

Next scheduled payday

Wisconsin Statute § 109.03

Wyoming

Within 5 business days

Wyoming Statute § 27-4-104

* This content does not constitute legal advice. Please work with a legal or HR expert, as employment laws may vary country to country and state to state.