Everything regarding payroll is guided by laws, including last paycheck procedures. In fact, nearly every state has their own set of laws that govern what must happen when an employee is leaving your company, and it sometimes varies based on if they leave on their own or are terminated.

It’s important that you understand the laws that apply to your state so that you’re not out of compliance.

Last paycheck laws by state

Alabama, Florida, Georgia, Mississippi, Ohio : These states currently have no laws in place regarding the timing of the last paycheck for people that are terminated or leave voluntarily. Best practices tends to lean towards issuing last paychecks according to your normal pay cycle when no other laws is in place.

The following states must provide the final paycheck on the next scheduled payday for those that are terminated and those that leave voluntarily.

Delaware Next scheduled payday
Indiana Next scheduled payday
Iowa Next scheduled payday
Kansas Next scheduled payday
Maryland Next scheduled payday
New Jersey Next scheduled payday
New York Next scheduled payday
North Carolina Next scheduled payday
North Dakota Next scheduled payday
Oklahoma Next scheduled payday
Pennsylvania Next scheduled payday
Rhode Island Next scheduled payday
Virginia Next scheduled payday
Washington Next scheduled payday
West Virginia Next scheduled payday
Wyoming Next scheduled payday

In the following states, you must provide the final paycheck immediately, within 24 hours or on the next business day if you’ve terminated them, but rules vary if the employee is leaving voluntarily.

Employee leaves voluntarilyIf terminated
California Within 72 hours or immediately if company is provided a minimum 72 hour noticeImmediately
Colorado Next scheduled paydayImmediately
Connecticut Next scheduled paydayNext business day
District of Columbia Within 7 days of quitting or next scheduled payday – whichever is first.Next business day
Hawaii Immediately if company is provided a minimum one pay period notice or next scheduled paydayImmediately or next business day
Massachusetts Next scheduled payday Immediately 
Minnesota Next payday that’s at least 5 days after an employee’s last day but no more than 20 days after the last day workedWithin 24 hours
Missouri No state law  Immediately 
Nevada Within 7 days of quitting or next scheduled payday – whichever is firstImmediately 
Oregon Immediately if the employee gave 48 hours’ notice. Otherwise within 5 business daysNext business day
Utah Next regular paydayWithin 24 hours

The following states have a variety of final pay rules that range from two to seven days for terminated employees to the next scheduled payday on voluntary employment separation. 

Employee leaves voluntarilyIf terminated
Alaska Next scheduled payday that’s at least 3 days after the employee gives notice.Within 3 working days of termination. 
Arizona Next scheduled paydayWhichever is first: within 7 working days or next payday. 
Arkansas Next scheduled paydayWithin 7 working days
New Hampshire Next scheduled payday or within 72 hours (if employee gave at least one pay period’s notice)Within 72 hours
South Carolina Within 48 hours or next scheduled paydayWithin 48 hours or next scheduled payday
Texas Next scheduled paydayWithin 6 calendar days
Vermont Next scheduled paydayWithin 72 hours

In the following states, final paycheck rules vary widely.

 Employee leaves voluntarilyIf terminated
Idaho Within 10 days or next payday, whichever is first. Employee can submit a written request for earlier payment, and if they do it must be made within 48 hours of the request. Same as if they leave voluntarily
Illinois Immediately if possible, but not later than the next scheduled payday. Same as if they leave voluntarily
Kentucky Within 14 days or on the next scheduled payday, whichever is laterSame as if they leave voluntarily
Louisiana Next scheduled payday or within 15 days, whichever is firstSame as if they leave voluntarily
Maine Next scheduled payday.Same as if they leave voluntarilyMichigan Next scheduled payday. Same as if they leave voluntarilyMontana On the next scheduled payday or within 15 days, whichever is firstImmediately, but employers can have a written policy that extends this to the next scheduled payday or within 15 days of termination  
Nebraska On the next scheduled payday or within 2 weeks, whichever is firstSame as if they leave voluntarily
New Mexico Next scheduled payday. Within 5 days for fixed pay amounts and within 10 days for variable pay amounts, like commission-based pay
South Dakota On the next scheduled paydaySame as if they leave voluntarily
Tennessee On the next scheduled payday or within 21 days, whichever occurs laterSame as if they leave voluntarily
Wisconsin Next scheduled payday or within one month, whichever is firstNext scheduled payday or within one month, whichever is first

Final paycheck rules Federal final paycheck rules

The Fair Labor Standards Act (FLSA) guides many labor practices, but doesn’t spell out everything you may need to know, like what you can and cannot deduct from final paychecks, and how to handle PTO balances. Additionally, your state may have their own laws in place which you’ll need to defer to in these matters, so you don’t end up with a labor violation. This includes how to handle paying out unused PTO and sick hours, so it’s important to connect with your state’s department of labor for clarify.

You can find your state’s labor offices by following this link.


The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.