Final Pay Laws
State laws outline when an employee is entitled to receive their final pay. In South Carolina, employers may withhold an employee’s final pay until all company equipment has been returned to them.[1]
In some cases, penalties are incurred if an employer fails to deliver payment by the due date. Arkansas employers are obliged to pay double the wages owed if they do not deliver final pay on time.[2]
The table below lists when an employee’s final pay is due, depending on whether they were fired or resigned voluntarily. Local and industry-specific rules may also be applicable.
Final Paycheck Due Date – Laws (By State) |
|||
State | Employee fired? | Employee resigns? | Statute |
AL | Not mentioned in statutes. | Not mentioned in statutes. | N/A |
AK | Within 3 workdays. | Next payday (at least 3 days after notice to quit is given). | §23.05.140(b) |
AZ | Within 7 workdays or next payday (whichever is first). | Next payday. | §23-353(a)-(b) |
AR | Next payday. | Not mentioned in statutes. | §11-4-405(a) |
CA | Immediately. | Within 72 hours (or immediately if 72-hour notice is given). | §§ 201(a), 202(a) |
CO | Immediately. | Next payday. | §8-4-109(1)(a)-(b) |
CT | Next business day. | Next payday. | §31-71c(a)-(b) |
DE | Within 3 workdays or next payday (whichever is later). | Within 3 workdays or next payday (whichever is later). | §1103(a)(1) |
FL | Not mentioned in statutes. | Not mentioned in statutes. | N/A |
GA | Not mentioned in statutes. | Not mentioned in statutes. | N/A |
HI | Immediately (no later than next workday). | Next payday. | §388-3(a)-(b) |
ID | Within 10 workdays or next payday (whichever is earlier), or within 48 hours if requested. | Within 10 workdays or next payday (whichever is earlier), or within 48 hours if requested. | §45-606(1) |
IL | Immediately (no later than next payday). | Immediately (no later than next payday). | §115/5 |
IN | Next payday. | Next payday. | §22-2-9-2(a) |
IA | Next payday. | Next payday. | §91A.4 |
KS | Next payday. | Next payday. | §44-315(a) |
KY | Within 14 days or next payday (whichever is later). | Within 14 days or next payday (whichever is later). | §337.055 |
LA | Within 15 days or next payday (whichever is earlier). | Within 15 days or next payday (whichever is earlier). | §631(A)(1)(a)-(b) |
ME | Not mentioned in statutes. | Next payday. | §626 |
MD | Next payday. | Next payday. | §3-505(a) |
MA | Immediately. | Next payday. | §148 |
MI | Immediately. | Immediately. | §408.475(1)-(2) |
MN | Immediately. | Next payday (or within 20 days if next payday is within 5 days). | §§181.13(a), 181.14(a) |
MS | Not mentioned in statutes. | Not mentioned in statutes. | N/A |
MO | Immediately. | Not mentioned in statutes. | §290.110 |
MT | Immediately. | Within 15 days or next payday (whichever is earlier). | §39-3-205(1)-(2) |
NE | Within 2 weeks or next payday (whichever is earlier). | Within 2 weeks or next payday (whichever is earlier). | §48-1230(4)(a) |
NV | Immediately. | Within 7 days or next payday (whichever is later). | §§608.020(1), 608.030 |
NH | Within 72 hours. | Next payday (or within 72 hours if one pay period’s notice is given). | §275:44(I)-(II) |
NJ | Next payday. | Next payday. | §34:11-4.3 |
NM | Immediately (no later than 5 days). | Next payday. | §§50-4-4(A), 50-4-5 |
NY | Next payday. | Next payday. | §191(3) |
NC | Next payday. | Next payday. | §95-25.7 |
ND | Next payday. | Next payday. | §34-14-03 |
OH | Not mentioned in statutes. | Not mentioned in statutes. | N/A |
OK | Next payday. | Next payday. | §165.3(A) |
OR | Next workday. | Within 5 days or next payday (whichever is earlier, or immediately if 48 hours’ notice is given). | §652.140 |
PA | Next payday. | Next payday. | §260.5(a) |
RI | Next payday. | Next payday. | §28-14-4(a) |
SC | Within 48 hours or next payday (no later than 30 days). | Not mentioned in statutes. | §41-10-50 |
SD | Next payday. | Next payday. | §§60-11-10, 60-11-11 |
TN | Within 21 days or next payday (whichever is later). | Within 21 days or next payday (whichever is later). | §50-2-103(g) |
TX | Within 6 days. | Next payday. | §61.014 |
UT | Immediately (no later than 24 hours). | Next payday. | §34-28-5(1)-(2) |
VT | Within 72 hours. | Next payday. | §342(b) |
VA | Next payday. | Next payday. | §40.1-29(A) |
WA | At the end of the pay period. | At the end of the pay period. | §49.48.010(2) |
WV | Next payday. | Next payday. | §21-5-4(b) |
WI | Next payday (no later than 31 days). | Next payday (no later than 31 days). | §109.03(1)-(2) |
WY | Next payday. | Next payday. | §27-4-104(a) |
Sample
I, [EMPLOYEE NAME], have received my final paycheck from [EMPLOYER NAME] on [MM/DD/YYYY]. The total amount of the paycheck is $[TOTAL AMOUNT].
The total paycheck amount represents:
Wages
[PAY PERIOD]: $[WAGES AMOUNT]
Accrued Vacation Pay
[VACATION TIME ACCRUED]: $[VACATION PAY AMOUNT]
Other
[OTHER PAY REASON]: $[OTHER PAY AMOUNT]
[OTHER PAY REASON]: $[OTHER PAY AMOUNT]
[OTHER PAY REASON]: $[OTHER PAY AMOUNT]
Deductions
[DEDUCTION REASON]: $[DEDUCTION AMOUNT]
[DEDUCTION REASON]: $[DEDUCTION AMOUNT]
[DEDUCTION REASON]: $[DEDUCTION AMOUNT]
Total: $[TOTAL AMOUNT]
To the best of my knowledge, there is no additional money owed to me, [EMPLOYEE NAME], by [EMPLOYER NAME] at the present time.
Employee Signature: Date: ______________
Print Name:[EMPLOYEE NAME]
Employer Signature: Date: ______________
Print Name:[EMPLOYER NAME]