When must you issue an employee his/her final check?
Published April 28, 2019
Whether your employees resign or you have to terminate them, there may be hard feelings on both sides. Nothing can exacerbate that more on the employee side of things than failing to issue their final paycheck on time and with all final pay amounts due calculated correctly. Some states also have some hefty fines for late paychecks particularly when an employer knowingly and willfully withholds the final paycheck.
Each state has different laws governing when a final paycheck should be issued to the employee and the timing can also vary based up whether an employee was fired or offering their resignation voluntarily. Don't just assuming you can issue payment when processing your next payroll. Review the chart below to determine the correct deadline based up the state in which your employee works and circumstances of his or her departure. Click on state names to view information on the applicable state labor relation entity or legal statute websites.
Final Paycheck Deadline for Terminated Employees
Final Paycheck Deadline for Voluntary Quits
Within 3 working days after employee's last day.
|Next regular payday that is at least 3 working days after employee’s last day.|
|Arizona||7 working days after employee’s last day, or the end of the next regular pay period (whichever is sooner)||Next regular payday|
|Arkansas||7 days after termination if employee requests or demands payment, otherwise on the next regular payday.||Next regular payday|
|California||Immediately (except if termination is due to seasonal in certain food processing, in which case within 72 hours)
||72 hours after quitting. However, if employee has given more than 72 hours' notice, final check must be given immediately.|
|Colorado||Immediately or within 6 hours of start of next business day if payroll office is closed or within 24 hours of start of the next business day if payroll office is located offsite.
||Next regular payday|
|Connecticut||No later than the next day of business.||Next regular payday|
|Delaware||Next regular payday||Next regular payday|
|District of Columbia||Next working day, unless the employee handles money for the employer. Then employer has 4 days to ensure accuracy of all accounts handled by employee before issuing final paycheck.
||Next regular payday or within 7 days, whichever is earlier|
|Hawaii||Immediately, or next working day||Next regular payday, or immediately if employee gave one pay period of notice|
|Idaho||Next regular payday or 10 working days, unless employee submits a written request for payment, then within 48 business hours of the request.||Next regular payday or 10 working days, unless employee submits a written request for payment, then within 48 business hours of the request.|
|Illinois||Next regular payday||Next regular payday|
|Indiana||On or before next regular payday||On or before next regular payday|
|Iowa||Next regular payday||Next regular payday|
|Kansas||Next regular payday||Next regular payday|
|Kentucky||Next payday or 14 days, whichever is later||Next payday or 14 days, whichever is later|
|Louisiana||Next regular payday or no later than 15 days, whichever is earlier||Next regular payday or no later than 15 days, whichever is earlier|
|Maine||Next regular payday or no later than 2 weeks from employee demand for earlier payment.||Next regular payday or no later than 2 weeks from employee demand for earlier payment.|
|Maryland||Next regular payday||Next regular payday|
Immediately on last day of work.
|Next regular payday or by the first Saturday after they quit (if there is no regular payday)|
|Michigan||Next regular payday or within 1 working day of termination if employee is involved in hand harvesting of crops.||Next regular payday or within 1 working day of termination if employee is involved in hand harvesting of crops.|
|Minnesota||Within 24 hours of demand||Next payday at least 5 days after employee’s last day, but no more than 20 days after final day|
|Montana||Immediately, unless employer has a written policy to pay by the next regular payday or no later than 15 days after final day (whichever is sooner).
||Next regular payday or no later than 15 days after final day (whichever is sooner).|
|Nebraska||Next regular payday or within 2 weeks, whichever is earlier||Next regular payday or within 2 weeks, whichever is earlier|
|Nevada||Within 3 days of discharge.||Next payday or within 7 days, whichever is earlier|
|New Hampshire||Within 72 hours||
Next payday, unless employee gives at least one pay period's notice, then within 72 hours.
|New Jersey||Next regular payday||Next regular payday
|New Mexico||Within 5 days for fixed / definite wages. All task, piece, and commission wages are due within 10 days||Next regular payday|
|New York||Next regular payday||Next regular payday|
|North Carolina||Next regular payday. Bonuses, commissions or wages requiring calculation on the first payday after they can be calculated.
||Next regular payday. Bonuses, commissions or wages requiring calculation on the first payday after they can be calculated.|
|North Dakota||Next regular payday||Next regular payday|
|Ohio||Next regular payday||Next regular payday|
|Oklahoma||Next regular payday||Next regular payday|
|Oregon||By end of next business day||Immediately or next business day if employee gave 48 hours notice; earlier of 5 business days or next regular payday if employees did not give 48 hours notice|
|Pennsylvania||Next regular payday||Next regular payday|
|Rhode Island||Next regular payday, unless an employer liquidates, merges, disposes of the business or moves out of state, then within 24 hours of separation.||Next regular payday, unless an employer liquidates, merges, disposes of the business or moves out of state, then within 24 hours of separation.|
|South Carolina||Within 48 hours or next payday, not exceeding 30 days||Within 48 hours or next payday, not exceeding 30 days|
|South Dakota||Next regular payday||Next regular payday|
|Tennessee||Later of next regular payday or within 21 days||
Later of next regular payday or within 21 days
|Texas||Within 6 days||Next regular payday|
|Utah||Within 24 hours (exception for State of Utah employees)||Next regular payday
|Vermont||Within 72 hours||Next regular payday or next Friday if no regular payday.|
|Virginia||Next regular payday||Next regular payday|
|Washington||Next regular payday||Next regular payday|
|West Virginia||Next regular payday||Next regular payday|
|Wisconsin||Next regular payday||Next regular payday|
|Wyoming||Next regular payday||Next regular payday|