Final paycheck laws by state: when final wages are due
When an employee leaves, the state sets how fast their final pay is due, and it often differs for firing versus quitting. In 9 jurisdictions final pay is due immediately when you fire someone.
When someone leaves a job, the state where they work sets how quickly their final wages must be paid, and the deadline often differs depending on whether the employer let them go or they resigned. Some states require final pay immediately on the day of a termination. Others set a short deadline, such as within a few days or by the next payday, whichever comes first. Many states simply require payment by the next regular payday for both cases. Getting this wrong is a common and avoidable source of wage-claim penalties, which is why it is one of the first things to check when offboarding across states.
The big picture
There is no single federal deadline for final pay. As of 1 July 2026, 9 of the 51 US jurisdictions require final wages immediately when an employer terminates someone; the rest set a specific deadline or require payment by the next regular payday. The deadline often differs depending on whether the employee was fired or resigned.
Position as at 1 July 2026. Source.
When is a final paycheck due after firing someone?
It depends on the state. Some require final wages immediately on the termination day, others within a set number of days, and many by the next regular payday. The If-fired column shows each state's deadline.
Is the deadline different when an employee quits?
Frequently, yes. Several states give employers a little longer when the employee resigns, often until the next payday, while requiring immediate payment when the employer ends the job. Both cases are shown side by side.
Does final pay have to include unused vacation?
That is a separate state-by-state question. Some states treat accrued, unused vacation as earned wages that must be paid out at separation; others let a written policy govern. This table covers timing; accrued-leave payout is covered in each state's full guide.
How does this work if you hire through an EOR?
When Teamed is your Employer of Record, final paycheck compliance for your US team sits with us: we apply the correct state's rules in every state you hire in, so you get one compliant relationship instead of 50 rulebooks to track. You stay the day-to-day manager.
Final paycheck by state
51 jurisdictions
| Source | |||||
|---|---|---|---|---|---|
| California | Immediate if fired | Immediately | Within 72 hours, or immediately if 72 hours notice given | Cal. Labor Code 201, 202 | source |
| Colorado | Immediate if fired | Immediately, or within 6 hours of the next workday if the accounting unit is closed | Next regular payday | Colo. Rev. Stat. 8-4-109 | source |
| Hawaii | Immediate if fired | Immediately at discharge, or the next working day if immediate payment is prevented | Next regular payday, or immediately if at least one pay period notice given | Haw. Rev. Stat. 388-3 | source |
| Massachusetts | Immediate if fired | Immediately on the day of discharge | Next regular payday, or the following Saturday if no scheduled payday | Mass. Gen. Laws ch. 149, 148 | source |
| Minnesota | Immediate if fired | Immediately, within 24 hours of demand | Next regular payday; if that payday is within 5 days of the last day, may extend to the second payday, not to exceed 20 days | Minn. Stat. 181.13, 181.14 | source |
| Missouri | Immediate if fired | Immediately on the day of discharge | Next regular payday | Mo. Rev. Stat. 290.110 | source |
| Montana | Immediate if fired | Immediately upon separation, unless a written policy extends to the next payday or within 15 days, whichever is earlier | Next regular payday or within 15 days, whichever comes first | Mont. Code 39-3-205 | source |
| Nevada | Immediate if fired | Immediately | Next payday or within 7 days, whichever is earlier | Nev. Rev. Stat. 608.020, 608.030 | source |
| Utah | Immediate if fired | Within 24 hours of termination | Next regular payday | Utah Code 34-28-5 | source |
| Alaska | Set deadline | Within 3 working days after termination | Next regular payday at least 3 working days after notice | Alaska Stat. 23.05.140 | source |
| Arizona | Set deadline | Within 7 working days or end of next pay period, whichever is sooner | Next regular payday for the pay period in which the employee quit | Ariz. Rev. Stat. 23-353 | source |
| Arkansas | Set deadline | Within 7 days of discharge if the employee demands payment, otherwise next regular payday | Next regular payday | Ark. Code 11-4-405 | source |
| Connecticut | Set deadline | Next business day after discharge | Next regular payday | Conn. Gen. Stat. 31-71c | source |
| District of Columbia | Set deadline | Next working day | Next payday or within 7 days, whichever is earlier | D.C. Code 32-1303 | source |
| Idaho | Set deadline | Next payday or within 10 days (excluding weekends and holidays), whichever is sooner; within 48 hours of a written request | Next payday or within 10 days (excluding weekends and holidays), whichever is sooner | Idaho Code 45-606 | source |
| Kentucky | Set deadline | Next payday or within 14 days, whichever is later | Next payday or within 14 days, whichever is later | Ky. Rev. Stat. 337.055 | source |
| Louisiana | Set deadline | Next payday or within 15 days, whichever is earlier | Next payday or within 15 days, whichever is earlier | La. R.S. 23:631 | source |
| Nebraska | Set deadline | Next regular payday or within 2 weeks, whichever is sooner | Next regular payday or within 2 weeks, whichever is sooner | Neb. Rev. Stat. 48-1230 | source |
| New Hampshire | Set deadline | Within 72 hours | Next regular payday, or within 72 hours if the employee gives one pay period notice | N.H. Rev. Stat. 275:44 | source |
| New Mexico | Set deadline | Within 5 days (task, piece and commission wages within 10 days) | Next regular payday | N.M. Stat. 50-4-4 | source |
| Ohio | Set deadline | Next regular payday or within 15 days, whichever is earlier | Next regular payday or within 15 days, whichever is earlier | Ohio Rev. Code 4113.15 | source |
| Oregon | Set deadline | End of the next business day | Immediately if 48 hours notice given, otherwise within 5 business days or next payday, whichever comes first | Or. Rev. Stat. 652.140 | source |
| South Carolina | Set deadline | Within 48 hours or next regular payday, not to exceed 30 days | Within 48 hours or next regular payday, not to exceed 30 days | S.C. Code 41-10-50 | source |
| Tennessee | Set deadline | Next regular payday or within 21 days, whichever is later | Next regular payday or within 21 days, whichever is later | Tenn. Code 50-2-103 | source |
| Texas | Set deadline | Within 6 calendar days of discharge | Next regular payday | Tex. Lab. Code 61.014 (Texas Payday Law) | source |
| Vermont | Set deadline | Within 72 hours of discharge | Next regular payday, or the following Friday if no regular payday | Vt. Stat. tit. 21, 342 | source |
| Alabama | Next payday | Next regular payday (no state statute; FLSA default) | Next regular payday (no state statute; FLSA default) | No Alabama final-pay statute | source |
| Delaware | Next payday | Next regular payday | Next regular payday | 19 Del. C. 1103 | source |
| Florida | Next payday | Next regular payday (no state statute; FLSA default) | Next regular payday (no state statute; FLSA default) | No Florida final-pay statute | source |
| Georgia | Next payday | Next regular payday (no state statute; FLSA default) | Next regular payday (no state statute; FLSA default) | No Georgia final-pay statute | source |
| Illinois | Next payday | At time of separation if possible, otherwise next regular payday | At time of separation if possible, otherwise next regular payday | 820 ILCS 115/5 | source |
| Indiana | Next payday | Next regular payday | Next regular payday | Ind. Code 22-2-9-2 | source |
| Iowa | Next payday | Next regular payday | Next regular payday | Iowa Code 91A.4 | source |
| Kansas | Next payday | Next regular payday | Next regular payday | Kan. Stat. 44-315 | source |
| Maine | Next payday | Next regular payday or within 2 weeks of a demand, whichever is sooner | Next regular payday or within 2 weeks of a demand, whichever is sooner | 26 M.R.S. 626 | source |
| Maryland | Next payday | Next regular payday | Next regular payday | Md. Code, Lab. and Empl. 3-505 | source |
| Michigan | Next payday | Next regular payday | Next regular payday | Mich. Comp. Laws 408.475 | source |
| Mississippi | Next payday | Next regular payday (no state statute; FLSA default) | Next regular payday (no state statute; FLSA default) | No Mississippi final-pay statute | source |
| New Jersey | Next payday | Next regular payday | Next regular payday | N.J. Stat. 34:11-4.3 | source |
| New York | Next payday | Next regular payday | Next regular payday | N.Y. Lab. Law 191 | source |
| North Carolina | Next payday | Next regular payday | Next regular payday | N.C. Gen. Stat. 95-25.7 | source |
| North Dakota | Next payday | Next regular payday | Next regular payday | N.D. Cent. Code 34-14-03 | source |
| Oklahoma | Next payday | Next regular payday | Next regular payday | Okla. Stat. tit. 40, 165.3 | source |
| Pennsylvania | Next payday | Next regular payday | Next regular payday | 43 Pa. Stat. 260.5 | source |
| Rhode Island | Next payday | Next regular payday; within 24 hours if the business liquidates, merges, disposes of the business, or relocates out of state | Next regular payday | R.I. Gen. Laws 28-14-4 | source |
| South Dakota | Next payday | Next regular payday, or when the employee returns employer property | Next regular payday, or when the employee returns employer property | SDCL 60-11-10 | source |
| Virginia | Next payday | On or before the next regular payday | On or before the next regular payday | Va. Code 40.1-29 | source |
| Washington | Next payday | Next regular payday | Next regular payday | Wash. Rev. Code 49.48.010 | source |
| West Virginia | Next payday | Next regular payday | Next regular payday | W. Va. Code 21-5-4 | source |
| Wisconsin | Next payday | Next regular payday, or within 31 days of last day worked, whichever is first | Next regular payday, or within 31 days of last day worked, whichever is first | Wis. Stat. 109.03 | source |
| Wyoming | Next payday | Next regular scheduled payday | Next regular scheduled payday | Wyo. Stat. 27-4-104 | source |
Frequently asked questions
What happens if an employer pays a final check late?
Most states impose penalties for late final pay, sometimes a day's wages for each day late up to a cap. The exact penalty is set by each state's wage-payment law.
Which state's law applies for a remote worker?
Generally the law of the state where the employee actually works, not where the company is based.
Can Teamed handle this across multiple states?
Yes. As the legal employer, Teamed applies each state's final paycheck rules for your US team, so you hire across the country without setting up payroll or reading the statute in every state. Teamed's HR and legal experts keep it compliant as the law changes.
US employment law is set state by state, and it keeps moving. When Teamed is your legal employer, this is our job in every state: compliant offers, postings and policies that meet each state’s rules, so you can hire across the US without setting up 50 payrolls or reading 50 statutes.
