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
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
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
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
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