Rules for Final Paycheck Vary by State

When an employee quits their job voluntarily or is terminated involuntarily by their employer, it is important for an employer to know the rules regarding any final wages owed to the employee.

Each state’s wage and hour laws determine when and how the final payments are made. Many states have different rules for voluntary resignations and involuntary terminations. For example, some states require a check to be given at the time of termination when the termination is involuntary  but don’t require final payment to be paid to an employee who is voluntarily quitting until the next regularly scheduled pay date.

Review the list below for any state(s) for which you have employees so that you are prepared to make final wage payments compliant with each state’s laws.  For states with no law, it is assumed that the final payment can be made on the next regularly scheduled pay date.

Alabama:

  • INVOLUNTARY: No law
  • VOLUNTARY: No law

Alaska:

  • INVOLUNTARY: Final paycheck is due within 3 days after termination.
  • VOLUNTARY: Next regularly scheduled pay day that is more than 3 days following the employee’s notice of resignation.

Arizona:

  • INVOLUNTARY: Earlier of 7 business days after termination or at the end of the next regular pay period.
  • VOLUNTARY: Next regularly scheduled pay day.

Arkansas:

  • INVOLUNTARY: If requested by the employee, the final payment is due within 7 days of being terminated. Otherwise it must be paid on the next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

California:

  • INVOLUNTARY: Final payment is due immediately at the time of termination.
  • VOLUNTARY (with 72 hours or more notice): Final payment must be provided on the employee’s last day of work.
  • VOLUNTARY (with less than 72 hours notice): Final payment must be made (and/or mailed) within 72 hours of quitting.

Colorado:

  • INVOLUNTARY: Final paycheck due immediately unless the accounting department is off site which allows for payment within 24 hours from the start of the accounting department’s next work day.
  • VOLUNTARY: Next regularly scheduled pay day.

Connecticut:

  • INVOLUNTARY: Final payment must be made by the business day following termination.
  • VOLUNTARY: Next regularly scheduled pay day.

Delaware:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

District of Columbia:

  • INVOLUNTARY: Final payment due on the next working day following the termination.
  • VOLUNTARY: Final payment due on the earlier of the next regularly scheduled pay day or 7 days after the employee’s resignation.

Florida:

  • INVOLUNTARY: No law.
  • VOLUNTARY: No law.

Georgia:

  • INVOLUNTARY: No law.
  • VOLUNTARY: No law.

Hawaii:

  • INVOLUNTARY: Final payment is due at the time of termination.
  • VOLUNTARY: If the employee provides at least one pay period’s notice of resignation the final check is due on the employee’s final day of work. If less notice is provided, the final payment is due on the next regularly scheduled pay day.

Idaho:

  • INVOLUNTARY: Final payment is due within 48 hours of receipt of a written request from the employee OR the earlier of the next regularly scheduled pay day and 10 business days after termination.
  • VOLUNTARY: Final payment is due within 48 hours of receipt of a written request from the employee OR the earlier of the next regularly scheduled pay day and 10 business days after separation.

Illinois:

  • INVOLUNTARY: Final payment is due at the time of termination or no later than the business day following termination.
  • VOLUNTARY: Final payment is due on the employee’s last day of work, when possible, but must be paid by the next regularly scheduled pay day.

Indiana:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Iowa:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Kansas:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Kentucky:

  • INVOLUNTARY: Final payment is due on the later of the next regularly scheduled pay day or 14 days following the termination date.
  • VOLUNTARY: Final payment is due on the later of the next regularly scheduled pay day or 14 days following the employee’s last day of work.

Louisiana:

  • INVOLUNTARY: Final payment is due by the earlier of the next regularly scheduled pay day and 15 days following the date of termination.
  • VOLUNTARY: Final payment is due by the earlier of the next regularly scheduled pay day and 15 days following the employee’s last day of work.

Maine:

  • INVOLUNTARY: The final payment is due on the earlier of the next regularly scheduled pay day or 2 weeks after request for payment from the terminating employee.
  • VOLUNTARY: The final payment is due on the earlier of the next regularly scheduled pay day or 2 weeks after request for payment from the resigning employee.

Maryland:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Massachusetts:

  • INVOLUNTARY: Final payment is due on the day of termination.
  • VOLUNTARY: Next regularly scheduled pay day.

Michigan:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Minnesota:

  • INVOLUNTARY: Final payment is due at the time of termination with a few exceptions such as for employees with access to company money or property or commissioned sales employees.
  • VOLUNTARY: Final payment is due on the next regularly scheduled pay day that is more than 5 days after the date of separation with a few exceptions such as for employees with access to company money or property or commissioned sales employees.

Mississippi:

  • INVOLUNTARY: No law.
  • VOLUNTARY: No law.

Missouri:

  • INVOLUNTARY: Final paycheck is due on the day of termination with the exception of those employees paid by commission which would require an audit/reconciliation to determine final pay amount.
  • VOLUNTARY: No law.

Montana:

  • INVOLUNTARY: Final payment should be made at the time of termination unless the employer has a written policy in their employee handbook which states that final payment will be made on the next regularly scheduled pay day or within 15 days from termination, whichever comes earlier.
  • VOLUNTARY: Final payment is due on the earlier of the next regularly scheduled pay day or within 15 days from the employee’s last day of work.

Nebraska:

  • INVOLUNTARY: Final payment is due on the earlier of the next regularly scheduled pay day or within 2 weeks from the date of termination.
  • VOLUNTARY: Final payment is due on the earlier of the next regularly scheduled pay day or within 2 weeks from the employee’s last day of work.

Nevada:

  • INVOLUNTARY: Final payment is due at the time of termination.
  • VOLUNTARY: Final payment is due on the earlier of the next regularly scheduled pay day or within 7 days from the employee’s last day of work.

New Hampshire:

  • INVOLUNTARY: Final payment is due within 72 hours from the time of termination.
  • VOLUNTARY: If an employee provides at least one pay period’s notice of intent to resign, final payment is due within 72 hours from the employee’s final day of work. If the employee does not provide at least one pay period’s notice of intent to resign, final payment is due by the next regularly scheduled payroll date.

New Jersey:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

New Mexico:

  • INVOLUNTARY: Final payment is due at the time of termination with the exception of wages that must be calculated (such as commissions, piece based, etc) which are due within 10 days of termination.
  • VOLUNTARY: Next regularly scheduled pay day.

New York:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

North Carolina:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

North Dakota:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Ohio:

  • INVOLUNTARY: No law.
  • VOLUNTARY: No law.

Oklahoma:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Oregon:

  • INVOLUNTARY: Final payment is due by the business day following termination.
  • VOLUNTARY: If the employee provides notice of 48 hours or more, final payment is due on the employee’s last day of work. If the employee provides less than 48 hours notice, final payment is due within 5 business days.

Pennsylvania:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Rhode Island:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

South Carolina:

  • INVOLUNTARY: Final payment is due within 48 hours from the time of termination or on the next regularly scheduled pay day, not to exceed 30 days.
  • VOLUNTARY: Final payment is due within 48 hours from the time of separation or on the next regularly scheduled pay day, not to exceed 30 days.

South Dakota:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Tennessee:

  • INVOLUNTARY: Next regularly scheduled pay day (not to exceed 21 days from the date of termination).
  • VOLUNTARY: Next regularly scheduled pay day (not to exceed 21 days from the employee’s last day of work).

Texas:

  • INVOLUNTARY: Final payment is due within 6 days of termination.
  • VOLUNTARY: Next regularly scheduled pay day.

Utah:

  • INVOLUNTARY: Final payment is generally due within 24 hours from the time of termination.
  • VOLUNTARY: Next regularly scheduled pay day.

Vermont:

  • INVOLUNTARY: Final payment is due within 72 hours from the time of termination.
  • VOLUNTARY: Next regularly scheduled pay day.

Virginia:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Washington:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

West Virginia:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.

Wisconsin:

  • INVOLUNTARY: Next regularly scheduled pay day (within one month from termination).
  • VOLUNTARY: Next regularly scheduled pay day (within one month from the employee’s last day of work).

Wyoming:

  • INVOLUNTARY: Next regularly scheduled pay day.
  • VOLUNTARY: Next regularly scheduled pay day.