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Final Paycheck Laws by State

You should make sure that you are ready to comply with the final paycheck laws that your state has in place whenever an employee leaves.

There are a number of states that require employers to give a departing employee his or her final paycheck in a pretty short amount of time. Indeed, some states even require that departing employees get their last paychecks on their final day of work. In other states, the time limit depends on whether the employee voluntarily quit or was fired.

If you are an employer, you should take careful note of these laws. Many employers often break these laws out of ignorance, and there can be consequences if your former employee calls you on it. There are often penalties for violating the final paycheck laws, and if a former employee sues you, you could be required to pay for their attorney's fees as well as court costs.

In addition to these final paycheck laws, many states also require employers to pay out unused vacation days to departing employees. Although this article will not discuss these laws, you should still be familiar with them.

Here is a chart that gives a rundown of each state's final paycheck laws:

State

Employee was Fired

Employee Quits

Alabama

No law.

No law.

Alaska (Alaska Stat. § 23.05.140)

Final check must be given within three working days.

Final check must be given on the next scheduled payday that is at least three days after the employee gives notice.

Arizona (Ariz. Rev. Stat. Ann. § 23-353)

Final check must be given within three working days, or on the next scheduled payday, whichever occurs first.

Final check must be given on the next scheduled payday.

Arkansas (Arkansas Code § 11-4-405)

Final check must be given within seven days.

California (Cal. Lab. Code §§ 201, 202, and 227.3)

Final check must be given immediately.

Final check must be given within 72 hours. However, if employee has given more than 72 hours' notice, final check must be given immediately.

Colorado (Colo. Rev. Stat. Ann. § 8-4-109)

Final check must be given immediately. "Immediately" means within 6 hors 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.

Final check must be given on the next scheduled payday.

Connecticut (Conn. Gen. Stat. Ann. § 31-71c)

Final check must be given on the next business day.

Final check must be given on the next scheduled payday.

Delaware ( Del. Code Ann. tit. 19, § 1103)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

District of Columbia (D.C. Code § 32-1303)

Final check must be given on the next business day.

Final check must be given on the next scheduled payday, or within seven days, which occurs first.

Florida

No law.

No law.

Georgia

No law.

No law.

Hawaii (Haw. Rev. Stat. § 388-3)

Final check must be given immediately, or on the next business day if there are conditions that prevent immediate payment.

Final check must be given on the next scheduled payday. However, if employee gave at least one pay period's notice, final check must be given immediately.

Idaho ( Idaho Code §§ 45-606, 45-617)

Final check must be given on the 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.

Final check must be given on the 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.

Illinois (820 Ill. Comp. Stat. 115/5)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Indiana (Ind. Code §§ 22-2-9-2 and 22-2-5-1)

Final check must be given on the next scheduled payday.

Final 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 ( Iowa Code Ann. § 91A.4.))

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Kansas ( Kan. Stat. Ann. § 44-315)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Kentucky (Ky. Rev. Stat. Ann. § 337.055)

Final check must be given on the next scheduled payday or within 14 days, whichever occurs later.

Final check must be given on the next scheduled payday, or within 14 days, whichever occurs later.

Louisiana (La. Rev. Stat. Ann. § 23:631)

Final check must be given on the next scheduled payday, or within 15 days, whichever occurs earlier.

Final check must be given on the next scheduled payday, or within 15 days, whichever occurs earlier.

Maine (Me. Rev. Stat. Ann. tit. 26, § 626)

Final check must be given on the next scheduled payday or within two weeks after a demand from the employee, whichever is earlier.

Final check must be given on the next scheduled payday or within two weeks after a demand from the employee, whichever is earlier.

Maryland ( Md. Lab. & Emp. Code Ann. § 3-505)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Massachusetts (Mass. Ann. Laws ch. 149 § 148)

Final check must be given immediately.

Final 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 ( Mich. Comp. Laws §§ 408.474, 408.475)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Minnesota ( Minn. Stat. §§ 181.13, 181.14)

Final check must be given immediately.

Final 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.

Missouri ( Mo. Ann. Stat. § 290.110)

Final paycheck must be given immediately.

No law.

Montana ( Mont. Code Ann. § 39-3-205)

If employee is laid off or fired for cause, final paycheck must be given immediately. 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.

Final paycheck must be given on the next scheduled payday or within 15 days, whichever is earlier.

Nebraska (Neb. Rev. Stat. § 48-1230)

Final check must be given on the next scheduled payday or within two weeks, whichever occurs first.

Final check must be given on the next scheduled payday or within two weeks, whichever occurs first.

Nevada (Nev. Rev. Stat. §§ 608.020 -- 608.030)

Final check must be given immediately.

Final check must be given on the next scheduled payday or within seven days, whichever occurs first.

New Hampshire (N.H. Rev. Stat. Ann. § 275:44)

Final check must be given within 72 hours. However, if employee is laid off, final check may be given on the next scheduled payday.

Final 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 (N.J. Stat. Ann. § 34:11-4.3)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

New Mexico (N.M. Stat. Ann. §§ 50-4-4 and 50-4-5)

Final check must be given within five days.

Final check must be given on the next scheduled payday.

New York (N.Y. Labor Laws § 191)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

North Carolina (N.C. Gen. Stat. § 95.25.7)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

North Dakota (N.D. Cent. Code § 34-14-03)

Final check must be given on the next scheduled payday or within 15 days, whichever occurs first.

Final check must be given on the next scheduled payday.

Ohio (Ohio Rev. Code Ann. § 4113.15)

No law.

Final check must be given 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.

Oklahoma ( Okla. Stat. Ann. tit. 40, § 165.3)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Oregon (Or. Rev. Stat. § 652.140)

Final check must be given by the end of the next business day.

Final check must be given 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 the next scheduled payday, whichever occurs first.

Pennsylvania (43 Pa. Cons. Stat. Ann. § 260.5)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Rhode Island (R.I. Gen. Laws § 28-14-4)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

South Carolina (S.C. Codified Laws § 41-10-50)

Final check must be given within 48 hours or on the next scheduled payday, but not more than 30 days.

No law.

South Dakota (S.D. Codified Laws §§ 60-11-10, 60-11-14)

Final check must be given on the next scheduled payday or when the employee returns the employer's property.

Final check must be given on the next scheduled payday or when the employee returns the employer's property.

Tennessee ( Tenn. Code. Ann. § 50-2-103)

Final check must be given on the next scheduled payday or within 21 days, whichever is later.

Final check must be given on the next scheduled payday or within 21 days, whichever is later.

Texas ( Texas Code Ann., Labor § 61.014)

Final check must be given within six days.

Final check must be given on the next scheduled payday.

Utah ( Utah Code Ann. § 34-28-5)

Final check must be given within 24 hours.

Final check must be given on the next scheduled payday.

Vermont ( Vt. Stat. Ann. tit. 21 § 342)

Final check must be given within 72 hours.

Final check must be given on the next scheduled payday, or on the next Friday if there is no scheduled paydays.

Virginia ( Va. Code § 40.1-29)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

Washington (Wash. Rev. Code § 49.48.010)

Final check must be given on the next scheduled payday.

Final check must be given on the next scheduled payday.

West Virginia ( W. Va. Code § 21-5-4)

Final check must be given within 72 hours.

Final check must be given immediately if the employee has given at least one pay period's notice. If the employee has not provided such notice, final check must be given on the next scheduled payday.

Wisconsin ( Wis. Stat. Ann. § 109.03)

Final 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, final check must be given within 24 hours.

Final check must be given on the next scheduled payday.

Wyoming ( Wyo. Stat. Ann. § 27-4-104)

Final check must be given within five business days.

Final check must be given within five business days.

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