When to Pay Final Pay by State
Sep 27, 2022
Like minimum wage, overtime, sick leave and a myriad of other laws, when you must provide an exiting employee their final pay changes according to the state worked in. While many states allow for final payment to be made with the next regularly scheduled pay check, a few states have laws that require payment sooner than that.
If you have employees in multiple states, you have two options for payment. Follow the law according to the state the employee works in or always pay final pay according to the state where employees work with the most generous law. For example, an employer with employees in Tennessee and California could choose to pay final pay according to which state the exiting employee worked in OR they could choose to pay all exiting employees according to California requirements since those are the most generous. The decision of which to follow will depend on your overall payroll practices, how many terms occur during the year and cash flow available to pay out final pay and, in most cases, vacation accrual.
| State | Final Pay Requirements | |
Alabama |
No statute |
|
Alaska |
If employee is fired: within three working days. If employee quits: next regular payday at least three days after employee gives notice. (Alaska Stat. § 23.05.140.) |
|
Arizona |
If employee is fired: within seven working days or next payday, whichever is sooner. If employee quits: next payday. (Ariz. Rev. Stat. Ann. § 23-353.) |
|
Arkansas |
If employee is fired: next regular payday. If employee quits: next regular payday. |
|
California |
If employee is fired: immediately. If employee quits: within 72 hours, or immediately if employee has given at least 72 hours' notice. (Cal. Lab. Code § § 201, 202, and 227.3.) |
|
Colorado |
If employee is fired: immediately. (Within six hours of start of next workday, if payroll unit is closed; 24 hours if unit is offsite.) Employer decides method of delivery. If employee quits: next scheduled payday. (Colo. Rev. Stat. Ann. § 8-4-109.) |
|
Connecticut |
If employee is fired: next business day after discharge. If employee quits: next scheduled payday. (Conn. Gen. Stat. Ann. § 31-71c.) |
|
Delaware |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Del. Code Ann. tit. 19, § 1103.) |
|
Florida |
No statute |
|
Georgia |
No statute |
|
Hawaii |
If employee is fired: immediately, or next business day if conditions prevent immediate payment. If employee quits: next scheduled payday, or immediately if employee gives one pay period's notice. (Haw. Rev. Stat. § 388-3.) |
|
Idaho |
If employee is fired: next payday or within 10 days (excluding weekends & holidays), whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request (excluding weekends & holidays). If employee quits: next payday or within 10 days (excluding weekends & holidays), whichever is sooner. If employee makes a written request for earlier payment, within 48 hours of receiving request (excluding weekends & holidays). (Idaho Code § § 45-606, 45-617.) |
|
Illinois |
If employee is fired: at time of separation if possible, but no later than next payday. If employee quits: at time of separation if possible, but no later than next payday. (820 Ill. Comp. Stat. 115/5.) |
|
Indiana |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. If employee has not provided a forwarding address, employer may wait until 10 days after employee demands wages or until employee provides an address where the check may be mailed. (Ind. Code § § 22-2-9-1 and 22-2-5-1.) |
|
Iowa |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Iowa Code Ann. § 91A.4.) |
|
Kansas |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.) |
|
Kentucky |
If employee is fired: next scheduled payday or within 14 days, whichever is later. If employee quits: next scheduled payday or within 14 days, whichever is later. (Ky. Rev. Stat. Ann. § 337.055.) |
|
Louisiana |
If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier. (La. Rev. Stat. Ann. § 23:631.) |
|
Maine |
If employee is fired: next scheduled payday or within two weeks after demand, whichever is earlier. If employee quits: next scheduled payday or within two weeks after demand, whichever is earlier. (Me. Rev. Stat. Ann. tit. 26, § 626.) |
|
Maryland |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Md. Lab. & Emp. Code Ann. § 3-505.) |
|
Massachusetts |
If employee is fired: day of discharge. If employee quits: next payday. If no scheduled payday, then the following Saturday. (Mass. Ann. Laws ch. 149 § 148.) |
|
Michigan |
If employee is fired: next payday. If employee quits: next payday. (Mich. Comp. Laws § § 408.474 and 408.475.) |
|
Minnesota |
If employee is fired: immediately upon demand by employee. If employee quits: next payday. If payday is less than five days after last day of work, employer may pay on the following payday or 20 days after last day of work, whichever is earlier. (Minn. Stat. § § 181.13 and 181.14.) |
|
Mississippi |
No statute |
|
Missouri |
If employee is fired: day of discharge. (Mo. Ann. Stat. § 290.110.) |
|
Montana |
If employee is laid off or fired for cause: immediately, unless employer has a written policy extending this time to the next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier. (Mont. Code Ann. § 39-3-205.) |
|
Nebraska |
If employee is fired: next scheduled payday or within two weeks, whichever is earlier. If employee quits: next payday or within two weeks, whichever is earlier. (Neb. Rev. Stat. § 48-1230.) |
|
Nevada |
If employee is fired: immediately. If employee quits: next scheduled payday or within seven days, whichever is earlier. (Nev. Rev. Stat. § § 608.020 and 608.030.) |
|
New Hampshire |
If employee is fired: within 72 hours. If employee is laid off, employer may wait until the next payday. If employee quits: next scheduled payday, or within 72 hours if employee gives one pay period's notice. (N.H. Rev. Stat. Ann. § 275:44.) |
|
New Jersey |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.J. Stat. Ann. § 34:11-4.3.) |
|
New Mexico |
If employee is fired: within five days. If employee quits: next payday. (N.M. Stat. Ann. § § 50-4-4, 50-4-5.) |
|
New York |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.Y. Labor Laws § 191.) |
|
North Carolina |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (N.C. Gen. Stat. § 95.25.7.) |
|
North Dakota |
If employee is fired: next payday. If employee quits: next payday. (N.D. Cent. Code § 34-14-03.) |
|
Ohio |
If employee is fired or quits: next scheduled payday. (Ohio Rev. Code Ann. § 4113.15.) |
|
Oklahoma |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Okla. Stat. Ann. tit. 40, § 165.3.) |
|
Oregon |
If employee is fired: end of first business day after termination. If employee quits: immediately, if employee has given 48 hours' notice (excluding weekends & holidays). Without 48 hours' notice, within five days or the next payday, whichever occurs first (must be within five days if employee submits time records to determine wages due). (Or. Rev. Stat. § 652.140.) |
|
Pennsylvania |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (43 Pa. Cons. Stat. Ann. § 260.5.) |
|
Rhode Island |
If employee is fired: next scheduled payday. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next scheduled payday. (R.I. Gen. Laws § 28-14-4.) |
|
South Carolina |
If employee is fired or quits: within 48 hours or next scheduled payday, but not more than 30 days. (S.C. Code Ann. § 41-10-50.) |
|
South Dakota |
If employee is fired: next payday or when employee returns employer's property. If employee quits: next payday or when employee returns employer's property. (S.D. Codified Laws § § 60-11-10 and 60-11-14.) |
|
Tennessee |
If employee is fired: next scheduled payday or within 21 days, whichever is later. If employee quits: next scheduled payday or within 21 days, whichever is later. (Tenn. Code. Ann. § 50-2-103.) |
|
Texas |
If employee is fired: within six days. If employee quits: next payday. (Texas Code Ann., Labor § 61.014) |
|
Utah |
If employee is fired: within 24 hours. If employee quits: next scheduled payday. (Utah Code Ann. § 34-28-5.) |
|
Vermont |
If employee is fired: within 72 hours. If employee quits: next scheduled payday or, if no scheduled payday exists, the next Friday. (Vt. Stat. Ann. tit. 21, § 342.) |
|
Virginia |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (Va. Code § 40.1-29.) |
|
Washington |
If employee is fired: end of next pay period. If employee quits: end of next pay period. (Wash. Rev. Code § 49.48.010.) |
|
West Virginia |
If employee is fired: next scheduled payday. If employee quits: next scheduled payday. (W. Va. Code § 21-5-4.) |
|
Wisconsin |
If employee is fired: next payday or within one month, whichever is earlier. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next payday. (Wis. Stat. Ann. § 109.03.) |
|
Wyoming |
If employee is fired: next payday. If employee quits: next payday. (Wyo. Stat. Ann. § 27-4-104.) |
*Please note that information contained on My HR Expert is for informational purposes only and should not be construed as legal advice. This information is accurate as of September 2022 but should always be reviewed against state and federal information to ensure accuracy.
