Final Pay Laws by State

We know that employers have a lot to consider when an employee separates, whether voluntarily or involuntarily. One such consideration is when final payment is due to that employee. As the answer varies from state to state, and from one situation to the next, we’ve compiled the table below to make the determination easier. As always, we encourage you to seek legal counsel with questions and specific factual scenarios.

Alabama

Employee Fired- No Specific Deadline

Employee Quit- No Specific Deadline

Citation- No law exists

 

Alaska

Employee Fired- Within 3 working days

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

Citation- AK Statute Section 23.05.140

 

Arizona

Employee Fired- Within 7 working days or on next scheduled payday, whichever occurs first

Employee Quit- Next scheduled payday

Citation- AZ Revised Statute Section 23-353

 

Arkansas

Employee Fired- Within 7 days

Employee Quit- Next scheduled pay day

Citation- AR Code Section 11-4-405

 

California

Employee Fired- Immediately

Employee Quit- Within 72 hours, unless employee has given more than 72 hours’ notice, in which case, final pay is due immediately

Citation- CA Labor Code Section 201

CA Labor Code Section 202

 

Colorado

Employee Fired- 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.

Employee Quit- Next scheduled payday

Citation- CO Revised Statute Section 8-4-109

 

Connecticut

Employee Fired- 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.

Employee Quit- Next scheduled payday

Citation- CT General Statute Section 31-71c

 

Delaware

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- DE Code Annotated Title 19, Section 1103

 

District of Columbia

Employee Fired- Next business day

Employee Quit- Next scheduled payday, or within 7 days, whichever occurs first

Citation- DC Code Section 32-1303

 

Florida

Employee Fired- No specific deadline

Employee Quit- No specific deadline

Citation- No law exists

 

Georgia

Employee Fired- No specific deadline

Employee Quit- No specific deadline

Citation- No law exists

 

Hawaii

Employee Fired- Immediately, or next business day if conditions prevent immediate payment

Employee Quit- Next scheduled payday, unless employee gave at least one pay period’s notice, then final pay is due immediately

Citation- HI Revised Statute Section 388-3

 

Idaho

Employee Fired- Next scheduled payday, or within 10 days, whichever occurs first. However if an employee makes a written request for earlier payment, final pay is due within 48 hours of receiving such request

Employee Quit- Next scheduled payday, or within 10 days, whichever occurs first. However if an employee makes a written request for earlier payment, final pay is due within 48 hours of receiving such request

Citation- ID Code Section 45-606

 

Illinois

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- IL Compiled Statutes 820 ILCS 115/5

 

Indiana

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- IN Code Section 22-2-9-2

IN Code Section 22-2-5-1

 

Iowa

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- IA Code Section 91A.4

 

Kansas

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- KS Statute Section 44-315

 

Kentucky

Employee Fired- Next scheduled payday or within 14 days, whichever occurs later

Employee Quit- Next scheduled payday, or within 14 days, whichever occurs later

Citation- KY Revised Statute Section 337.055

 

Louisiana

Employee Fired- Next scheduled payday, or within 15 days, whichever occurs earlier

Employee Quit- Next scheduled payday, or within 15 days, whichever occurs earlier

Citation- LA Revised Statute Section 23:631

 

Maine

Employee Fired- Next scheduled payday, or within 2 weeks after a demand from the employee, whichever occurs first

Employee Quit- Next scheduled payday, or within 2 weeks after a demand from the employee, whichever occurs first

Citation- ME Revised Statute Title 26, Section 626

 

Maryland

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- MD Labor and Employment Code Section 3-505

Massachusetts

Employee Fired- Immediately

Employee Quit- Next scheduled payday, or, if there is no scheduled payday, on the Saturday that follows an employee’s resignation

Citation- MA Laws Chapter149, Section 148

 

Michigan

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- MI Compensation Laws Section 408.475

 

Minnesota

Employee Fired- Immediately

Employee Quit- Next scheduled payday. However, if payday is less than 5 days after the last day the employee works, final pay is due on the next payday or 20 days after the employee’s last day of work, whichever occurs first

Citation- MN Statute Section 181.13

MN Statute Section 181.14

 

Mississippi

Employee Fired- No specific deadline

Employee Quit- No specific deadline

Citation- No law exists

 

Missouri

Employee Fired- Immediately

Employee Quit- No specific deadline

Citation- MO Revised Statute Section 290.110

 

Montanta

Employee Fired- Immediately. However, employer has the option of maintaining a written policy that extends this time to the next scheduled payday or within 15 days, whichever occurs first

Employee Quit- Next scheduled payday or within 15 days, whichever occurs first

Citation- MT Code Section 39-3-205

 

Nebraska

Employee Fired- Next scheduled payday or within 2 weeks, whichever occurs first

Employee Quit- Next scheduled payday or within 2 weeks, whichever occurs first

Citation- NE Revised Statute Section 48-1230

 

Nevada

Employee Fired- Immediately

Employee Quit- Next scheduled payday or within 7 days, whichever occurs first

Citation- NV Revised Statute Sections 608.020, 608.030

 

New Hampshire

Employee Fired- Within 72 hours, or if separation is a result of labor dispute or layoff, no later than next scheduled payday

Employee Quit- Next scheduled payday, or within 72 hours if the employee gave at least on pay period’s notice

Citation- NH Revised Statute Section 275:44

 

New Jersey

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- NJ Statute Section 34:11-4.3

 

New Mexico

Employee Fired- Within 5 days, or if task, piece, or commission based wages, then final pay is due within 10 days

Employee Quit- Next scheduled payday

Citation- NM Statute Section 50-4-4

NM Statute Section 50-4-5

 

New York

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- NY Labor Law Section 191

 

North Carolina

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- NC General Statute Section 95-25.7

 

North Dakota

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- ND Century Code Section 34-14-03

 

Ohio

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- OH Revised Code Section 4113.15

 

Oklahoma

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- OK State Title 40, Section 165.3

 

Oregon

Employee Fired- Next business day

Employee Quit- Immediately, if the employee has given at least 48 hours’ notice. If employee does not provide notice, final pay is due within 5 business days, or next scheduled payday, whichever occurs first

Citation- OR Revised Statute Section 652.140

 

Pennsylvania

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- PA Consolidated Statute Section 260.5

 

Rhode Island

Employee Fired- Next scheduled payday, or if separation is a result of an employer merging, disposing, liquidating, or relocating the business out of state, final pay is due within 24 hours

Employee Quit- Next scheduled payday

Citation- RI General Law Section 28-14-4

 

South Carolina

Employee Fired- Within 48 hours or on next scheduled payday, not to exceed 30 days later

Employee Quit- Within 48 hours or on next scheduled payday, not to exceed 30 days later

Citation- SC Codified Law Section 41-10-50

 

South Dakota

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- SD Codified Law Section 60-11-10

 

Tennessee

Employee Fired- Next scheduled payday or within 21 days, whichever occurs later

Employee Quit- Next scheduled payday or within 21 days, whichever occurs later

Citation- TN Code Section 50-2-103

 

Texas

Employee Fired- Within 6 days

Employee Quit- Next scheduled payday

Citation- TX Code, Labor Section 61.014

 

Utah

Employee Fired- Within 24 hours, or if work ceases as a result of an industrial dispute, final pay is due by the next scheduled payday

Employee Quit- Next scheduled payday

Citation- UT Code Section 34-28-5

 

Vermont

Employee Fired- Within 72 hours

Employee Quit- Next scheduled payday, or if no regular paydays, on the following Friday

Citation- VT Statute Title 21, Section 342

 

Virginia

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- VA Code Section 40.1-29

 

Washington

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- WA Revised Code Section 49.48-010

 

West Virginia

Employee Fired- Next scheduled payday

Employee Quit- Next scheduled payday

Citation- WV Code Section 21-5-4

 

Wisconsin

Employee Fired- Next scheduled payday, or if the termination is the result of a merger, relocation, cessation, or liquidation of the business, final pay is due within 24 hours

Employee Quit- Next scheduled payday

Citation- WI Statute Section 109.03

 

Wyoming

Employee Fired- Within 5 business days

Employee Quit- Within 5 business days

Citation- WY Statute Section 27-4-104

 

Written by Brittany Nicholls

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