Lookup · 51 jurisdictions

Final paycheck laws by state: when it is due, fired or quit

No federal law sets a deadline for a final paycheck, so the state decides. In some states it is due the same day. In others it waits for the next regular payday. The answer can change with who ended the job.

Updated November 4, 2026152 official sources

In short

  • Federal law sets no deadline. Wages are due by the regular payday for the last pay period worked, and a state can require faster payment.
  • Eight states require immediate or same-day payment when an employee is fired: California, Colorado, Hawaii, Massachusetts, Michigan, Missouri, Montana and Nevada.
  • Most states give an employee who quits until the next regular payday. Notice can speed it up in California, Hawaii, New Hampshire and Oregon.
  • No federal law requires paying out unused vacation. About ten states generally do, and in most others the employer’s policy decides.

The federal rule

The federal Fair Labor Standards Act (FLSA) does not require immediate payment of final wages. Wages are due no later than the regular payday for the last pay period worked. It also does not require pay for time not worked, such as vacation. State law can ask for more, and most states set a rule of their own.

When the employer ends the job

These groups cover firings. The table below notes the states whose rules name layoffs, including three with a different layoff rule: Connecticut, Hawaii and New Hampshire. Where a row says nothing about layoffs, do not assume a later deadline. Special rules for some jobs and union contracts are left out.

DeadlineStates
Immediately or the same dayCalifornia, Colorado, Hawaii, Massachusetts, Michigan (as soon as the amount can be determined), Missouri, Montana, Nevada
About one dayConnecticut, District of Columbia and Oregon (next business or working day), Utah (24 hours), Minnesota (24 hours after a written demand)
A set number of daysAlaska (3 working days), New Hampshire and Vermont (72 hours), New Mexico (5 or 10 days), Texas (6 calendar days), Arizona (7 working days, or the next pay period’s end if sooner)
Next payday, with an outer limitIdaho (10 days), Louisiana (15 days), Nebraska (two weeks), South Carolina (48 hours or next payday, not more than 30 days)
Next payday, or a later dateDelaware (3 business days), Kentucky (14 days), Tennessee (21 days)
Next regular paydayArkansas, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Virginia, Washington, West Virginia, Wisconsin, Wyoming
No state deadline foundAlabama, Florida, Georgia and Mississippi, where the federal rule applies. Ohio has no final-pay law; read one way, its regular pay deadlines apply, but no official page says so.

When the employee quits

An employee who quits usually waits for the next regular payday, even in states that pay a fired employee at once. Colorado, Massachusetts and Missouri all work this way.

Notice can move the date up. In California, an employee who gives 72 hours’ notice is paid on the last day, and one who does not is paid within 72 hours. In Oregon, 48 hours’ notice means payment on the last day. In Hawaii and New Hampshire, one pay period’s notice speeds up payment.

The final-pay statutes in Arkansas and Missouri speak only of discharges, and we found no separate rule for an employee who quits there, so the regular payday applies.

Unused vacation and PTO

Whether unused vacation is owed depends on the state. The rules fall into three groups. Paid sick leave has its own rules, which this page does not cover.

The ruleStates
Generally must be paid out, with the limits in the table belowCalifornia, Colorado, Illinois, Louisiana, Maine, Massachusetts, Montana, Nebraska, North Dakota, Rhode Island
Paid unless a written policy says otherwise, often with notice to the employeeIndiana, Maryland, North Carolina, Wisconsin, Wyoming
The employer’s policy or contract decidesMost other states. A promised payout is usually owed, and a clear written policy usually controls. We could not confirm New Mexico’s rule on an official page.

Several of these rules turn on what the employer put in writing and told the employee.

What late payment can cost

Most states have a remedy. Many apply only if the failure was willful, or only after the employee makes a written demand. There are two common forms.

  • Wages keep running. In California, Nevada, North Dakota and Oregon the penalty can reach 30 days of pay. In Missouri, New Mexico and Utah it can reach 60 days, and in Alaska 90 working days.
  • A multiple of the unpaid wages. Massachusetts requires treble damages. Arizona and South Carolina allow suits for three times the wages, and West Virginia adds two times the unpaid amount.

Details that catch employers

  • Equipment: Washington says an employer cannot hold the final check until keys, uniforms or equipment come back. South Dakota lets payment wait until the employee returns employer property.
  • Delivery: several states require mailing if the employee asks, including Arizona, Delaware, Illinois, Kansas and New York. Oklahoma and Pennsylvania require certified mail on request.
  • Written demands: in Idaho a written request cuts the deadline to 48 hours, and in Minnesota the 24 hours start with the written demand.
  • Handled money: Colorado, the District of Columbia and Minnesota give the employer extra time to audit the accounts of an employee who handled money.

Final paycheck rules by state

Each state’s deadline when an employee is fired and when an employee quits, its vacation rule, and what late payment can cost. A union contract can change some of these terms.

StateFiredQuitsUnused vacationIf paid late
AlabamaNo state rule. Regular payday (federal rule).No state rule. Regular payday (federal rule).No state law requires it. The employer’s policy or contract decides.No state penalty for private employers.
AlaskaWithin 3 working days. Layoffs too.Next regular payday at least 3 days after notice.No state law requires it. The employer’s policy or contract decides.The employee’s regular wage from demand to payment, up to 90 working days.
ArizonaWithin 7 working days or by the end of the next regular pay period, whichever is sooner.Regular payday for the pay period in which the job ended.No statute requires it. Case law, not confirmed on an official page, generally lets a clear written policy that denies payout control.The employee may sue for three times the unpaid wages.
ArkansasNext regular payday.No state rule found. Regular payday.No statute found. Owed if the employer’s policy promises it.Double the wages due if a fired employee is not paid within 7 days of the next regular payday.
CaliforniaImmediately. Layoffs too.On the last day with 72 hours’ notice. Otherwise within 72 hours.Must be paid at the final rate. Use-it-or-lose-it policies are illegal. A reasonable cap is allowed.If willful, a day’s wage for each day late, up to 30 days.
ColoradoImmediately. Layoffs too. If payroll is closed, within 6 hours of the start of its next workday (24 hours if payroll is off-site).Next regular payday.Must be paid. A policy that forfeits earned vacation is void. Accrual caps are allowed.If unpaid 14 days after a written demand: the greater of double the wages or $1,000. If willful: the greater of three times the wages or $3,000.
ConnecticutNext business day. Layoff: next regular payday.Next regular payday.Only if the employer’s policy or a union contract provides it.The employee may sue for twice the unpaid wages, plus costs and fees, unless the employer shows good faith. Willful nonpayment is also a crime.
DelawareLater of the next regular payday or 3 business days after the last day. Layoffs too.Later of the next regular payday or 3 business days after the last day.Only under the employer’s agreement or policy. The employer must tell employees its policy.10% of the unpaid wages per day, capped at the wages, plus costs and fees. Civil penalty of $1,000 to $5,000.
District of ColumbiaNext working day. 4 days to audit if the employee handled the employer’s money.Next regular payday or within 7 days, whichever is earlier.No statute on payout. Vacation promised by contract or policy is owed as wages. No official source addresses whether a written policy can forfeit it.10% of the unpaid wages per working day, up to three times the wages. In a lawsuit, treble damages plus penalties and fees.
FloridaNo state rule. Regular payday (federal rule).No state rule. Regular payday (federal rule).No state law requires it. The employer’s policy or contract decides.No waiting-time penalty. A court may award costs and fees in a suit for unpaid wages.
GeorgiaNo state rule found. Regular payday (federal rule).No state rule found. Regular payday (federal rule).No law requires vacation. Payout follows the agreement.No state penalty found.
HawaiiAt discharge, or the next working day if immediate payment is prevented. Temporary layoff: next regular payday.Next regular payday. At quitting with one pay period’s notice.No rule requiring payout found. Employers must give written notice of their policy. Whether a policy can forfeit vacation is not confirmed.The wages plus an equal amount and 6% yearly interest, and a civil penalty. Also a class C felony.
IdahoNext regular payday or within 10 days, whichever comes first. Layoffs too. Within 48 hours of a written request. Weekends and holidays do not count.Same as fired.No statute requires it. The employer’s policy or contract decides.Wages continue up to 15 days, capped at $750 ($500 if paid before a wage lien). In a lawsuit, three times the unpaid wages if that is greater.
IllinoisAt separation if possible, and no later than the next regular payday. Layoffs: next regular payday.Same as fired.Earned vacation under a policy must be paid at the final rate and cannot be forfeited at separation. Use-it-or-lose-it during the job is allowed with notice and a reasonable chance to use it.The unpaid amount plus 5% for each month unpaid, plus costs and fees.
IndianaRegular payday for the pay period in which the job ended.Next usual payday.No statute. The state treats accrued vacation as compensation, but conditions in a written policy or contract must be met first.The wages plus fees and costs. If the employer did not act in good faith, two times the wages on top.
IowaNext regular payday. Layoffs too.Next regular payday.Only if an agreement or policy makes it due.If intentional: the wages, 5% per day capped at the wages, costs and fees. Whether this reaches late final pay is not confirmed.
KansasNext regular payday.Next regular payday.No statute. Courts treat vacation due under a contract or policy as wages. A policy may set conditions, such as notice. Whether it may forfeit earned vacation is not confirmed.If willful, 1% of the unpaid wages per day after the eighth day, capped at the wages.
KentuckyLater of the next normal pay period or 14 days.Same as fired.Vested vacation counts as wages and is paid with final wages. The policy decides when it vests.The wages plus an equal amount, costs and fees. A court may reduce this for good faith.
LouisianaNext regular payday or within 15 days, whichever comes first.Next regular payday for the pay cycle, or within 15 days, whichever comes first.Vacation earned under the policy must be paid and cannot be forfeited. Whether use-it-or-lose-it is allowed is a case-law question.The lesser of 90 days’ wages or wages from demand until paid. With a good-faith dispute, the wages plus interest.
MaineNext established payday. Layoffs too.Next established payday.Vacation accrued since January 1, 2023 must be paid. Employers with 10 or fewer employees follow their terms or practice.The unpaid wages, interest, twice that amount as damages, costs and fees. Fines of $100 to $500 per violation.
MarylandNext regular payday. Layoffs too.Next regular payday.Must be paid unless a written policy limits payout and the employee was told at hiring.If there is no bona fide dispute, a court may award up to 3 times the wages, plus fees and costs.
MassachusettsDay of discharge.Next regular payday.Earned vacation must be paid and cannot be forfeited. A cap or use-it-or-lose-it policy is allowed with notice and a reasonable chance to use the time.Mandatory treble damages, plus costs and fees.
MichiganImmediately, as soon as the amount can be determined.As soon as the amount can be determined.No law requires it. The written contract or policy decides.The wages plus 10% a year. Flagrant or repeated violations: up to twice the amount due. A civil penalty up to $1,000 may also apply.
MinnesotaWithin 24 hours of the employee’s written demand. 10 more days to audit if the employee handled money or property.First regular payday. If that is under 5 days away, the second payday, but no more than 20 days after the last day.No law requires it. Company policy decides. Benefits that are due must be paid within 30 days.One day’s average earnings for each day of delay, up to 15 days.
MississippiNo state law found. Regular payday (federal rule).No state law found. Regular payday (federal rule).No state law found. The employer’s policy or contract decides.No state penalty found.
MissouriDay of discharge. Layoffs too.No state rule. Regular payday.No state law requires it. The employer’s policy or contract decides.If unpaid 7 days after a written request, wages continue up to 60 days.
MontanaImmediately: by close of business or within 4 hours, whichever comes first. Layoffs too. A written policy can extend this to the next payday or 15 days, whichever comes first.Next regular payday or within 15 days, whichever comes first.Vacation earned under a policy is wages and must be paid. Use-it-or-lose-it is not allowed. Caps are allowed.A penalty up to 110% of the unpaid wages. Usually 55% in a wage claim, or 15% if paid by the deadline.
NebraskaNext regular payday or within two weeks, whichever is sooner. Layoffs too.Same as fired.Earned, unused vacation or PTO is wages and must be paid. Other leave, such as sick leave, need not be unless agreed.If unpaid 30 days after payday: the wages, costs and fees. A court may order an extra amount, which goes to the schools.
NevadaImmediately. Temporary layoffs too.Regular payday or within 7 days, whichever is earlier.No statute requires it. A policy may be enforced as a contract.Wages continue up to 30 days.
New HampshireWithin 72 hours. Layoff: next regular payday.Next regular payday. Within 72 hours with one pay period’s notice.Vacation pay is wages when it is a matter of practice or policy, so the policy decides.If willful: 10% of the unpaid wages per day (not Sundays or holidays), up to the amount of the wages.
New JerseyRegular payday for the pay period in which the job ended. Layoffs too.Same as fired.No state law requires it. The employer must follow its own policy.The wages plus damages up to 200%, costs and fees. State penalties up to $250 for a first violation and $500 after that.
New MexicoOn demand, within 5 days for a fixed amount. Within 10 days for task, piece or commission pay. Read in a 2017 legislative copy of the statute; not confirmed against the current code.Next regular payday. Same source as the fired rule; not confirmed against the current code.No statute found. We could not confirm this on an official page.If a fired employee demands pay and it is late, wages continue up to 60 days. Same source; not confirmed against the current code.
New YorkNext regular payday.Next regular payday.No statute requires it as such. The employer must follow its policy. Case law, not confirmed on an official page, enforces a written forfeiture policy and generally makes earned vacation payable without one.The wages, fees, interest and liquidated damages of 100%, unless the employer proves good faith.
North CarolinaOn or before the next regular payday.Same as fired.Follows the policy. Vacation can be forfeited at separation only if employees were told in writing or by a posted notice.The wages, interest and an equal amount unless the employer shows good faith. Costs and fees may be added.
North DakotaNext regular payday, by certified mail unless both agree to another method.Next regular payday.Earned PTO is generally wages and must be paid. Limited exceptions for short-tenure employees who quit with little notice and for PTO not yet earned.The agreed daily wage for each day in default, up to 30 days.
OhioNo final-pay law. Read one way, the regular deadlines apply: wages for the 1st to 15th by the 1st of the next month; the 16th to month end by the 15th. No official page says so.Same as fired.No statute requires it. Case law, not confirmed on an official page, generally lets a clear written policy control.If undisputed and unpaid 30 days past payday: the greater of 6% or $200.
OklahomaNext regular payday. Layoffs too. Certified mail on request.Same as fired.Vacation is wages when agreed or set by policy, so the written policy or agreement decides.If willful with no bona fide dispute: 2% per day, capped at the wages. A $500 fine for repeat violations.
OregonEnd of the first business day after the job ends. Layoffs too.On the last day with 48 hours’ notice. Otherwise within 5 business days or the next payday, whichever comes first.No state law requires it. The employer’s policy or contract decides.If willful: eight hours’ pay per day, up to 30 days.
PennsylvaniaNext regular payday. Layoffs too. Certified mail on request.Same as fired.Only if the employer’s agreement or policy provides it.If unpaid 30 days past payday with no good-faith dispute: 25% of the wages or $500, whichever is greater.
Rhode IslandNext regular payday. Within 24 hours if the business closes, merges, is sold or moves out of state.Next regular payday.After one year of service, accrued vacation must be paid. Before one year, the statute does not require it.Damages up to two times the unpaid wages, plus fees.
South CarolinaWithin 48 hours or by the next regular payday, not more than 30 days away.Same as fired.Follows the policy. A policy that does not pay out is allowed if employees are given it and it is followed.The employee may sue for three times the unpaid wages, plus costs and fees. Whether treble damages are mandatory is a case-law question.
South DakotaNext regular payday, or when the employee returns employer property, if later.Same as fired.No state law requires it. The employer’s policy or contract decides.No daily penalty. Double the wages if the refusal is oppressive, fraudulent or malicious.
TennesseeLater of the next regular payday or 21 days. Layoffs too.Later of the next regular payday or 21 days.No state law requires it. The employer’s policy or labor agreement decides.No penalty paid to the employee. A willful violator may face a civil penalty; a 2012 Attorney General opinion states $500 to $1,000.
TexasWithin 6 calendar days. Layoffs too.Next regularly scheduled payday.Only under a written agreement or policy. A written policy can limit or forfeit it.No penalty paid to the employee. If in bad faith, a state penalty up to the lesser of the wages or $1,000.
UtahWithin 24 hours. Layoffs too.Next regular payday.No state law requires it. The employer’s policy or contract decides.After a written demand, daily wages up to 60 days. In a wage claim, 5% of the wages per day, up to 20 days.
VermontWithin 72 hours.Last regular payday, or the following Friday if there is none.No state law requires it. The written agreement or handbook decides.Twice the unpaid wages, plus costs and fees.
VirginiaNext regular payday. Layoffs too.Next regular payday.No statute requires it. Owed only if the policy or agreement promises it. No official source addresses forfeiture.The wages, an equal amount and 8% interest. If knowing, triple the wages in court and a civil penalty up to $1,000.
WashingtonEnd of the established pay period (next regular payday). Layoffs too.Same as fired.No state law requires it. The employer’s policy or contract decides.If willful, twice the wages withheld, plus costs and fees. A state civil penalty may also apply.
West VirginiaNext regular payday. Layoffs too.Next regular payday.No law requires vacation. Where offered, the written policy controls and can deny payout.The wages plus two times the unpaid amount as damages. Costs and fees may be added.
WisconsinNext regular payday. Layoffs too.Next regular payday.Follows the policy. Earned vacation must be paid if a written policy has no written forfeiture rule.A court may add up to 100% of the wages due, plus fees and costs.
WyomingNext regular payday.Next regular payday.No law requires it, but a promised payout must be honored. A forfeiture needs a written policy the employee acknowledged in writing.In a lawsuit, 18% yearly interest, fees and costs. A willful violation is a misdemeanor, with a fine of $500 to $750.
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Sources

Sources: 152 official pages

Rules were read on official pages where we could open them, and checked a second time. A row that says “found” or “not confirmed” means the official source was incomplete or could not be opened. Checked November 4, 2026. How we check facts.

An explanation of public rules for private employers, not legal advice.