Final Paycheck Laws by State 2026: Deadlines
A final paycheck is due by the deadline of the state where the employee worked. For a fired employee it runs from immediately in California to not later than the sixth day after the discharge in Texas, and 29 of the 39 states with their own rule let a quitting employee wait until the next regular payday.
Why it matters: a late final paycheck is one of the most common wage claims against small employers. In California, paying late can cost up to 30 days of the employee's wages in penalties.
39 of the 51 US jurisdictions below have a specific statutory deadline we list separately for firing and for quitting. The remaining 12 are marked with an asterisk and show the common default, the next regular payday, because their state sets no separate rule. We would rather publish that count than imply all 51 are covered in the same depth. So far 28 of them are checked against an official state source (the statute itself or the state labor department's own guidance), linked in the Source column; we are adding the rest state by state.
When is the final paycheck due in each state?
| State | If fired | If they quit | Source |
|---|---|---|---|
| Alabama* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Alaska | Within 3 working days after the termination, whatever the cause | By the next regular payday that is at least 3 days after the employer received notice of the resignation | Alaska Statutes 23.05.140 (Wage and Hour Laws, Pamphlet 100, Alaska Department of Labor) |
| Arizona | Within 7 working days or the end of the next regular pay period, whichever is sooner | By the regular payday for the pay period in which the employee quit | Arizona Revised Statutes §23-353 |
| Arkansas | By the next regular payday (double wages owed if unpaid 7 days after that payday) | By the next regular payday | not yet verified at source |
| California | Immediately, at the time of termination | Within 72 hours (immediately if the employee gave 72+ hours notice) | California Labor Code §201 and §202 |
| Colorado | Immediately if payroll is on-site; within 6 hours of the start of the next workday if the payroll unit isn't operating; within 24 hours if payroll is off-site | By the next regular payday | not yet verified at source |
| Connecticut | By the next business day | By the next regular payday | Connecticut General Statutes §31-71c |
| Delaware | By the next regular payday, or 3 business days after the last day worked if that is later | By the next regular payday, or 3 business days after the last day worked if that is later | Delaware Code, Title 19 §1103 |
| District of Columbia* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Florida | No state deadline - by the next regular payday (federal default) | By the next regular payday | not yet verified at source |
| Georgia | By the next regular payday | By the next regular payday | not yet verified at source |
| Hawaii | At the time of discharge, or no later than the next working day if conditions prevent immediate payment | By the next regular payday (at the time of quitting if the employee gave at least one pay period's notice) | Hawaii Revised Statutes §388-3 (archived copy) |
| Idaho | By the next regular payday or within 10 days (weekends and holidays excluded), whichever is earlier; within 48 hours if the employee asks in writing | By the next regular payday or within 10 days (weekends and holidays excluded), whichever is earlier; within 48 hours if the employee asks in writing | Idaho Code 45-606 (archived copy) |
| Illinois | At the time of separation if possible, and no later than the next regularly scheduled payday | At the time of separation if possible, and no later than the next regularly scheduled payday | Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (archived copy) |
| Indiana* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Iowa* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Kansas* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Kentucky | By the next regular payday or within 14 days, whichever is later | By the next regular payday or within 14 days, whichever is later | not yet verified at source |
| Louisiana | By the next regular payday or within 15 days of the discharge, whichever comes first | By the next regular payday for the pay cycle worked or within 15 days of the resignation, whichever comes first | Louisiana Revised Statutes 23:631 |
| Maine | By the employee's next established payday | By the employee's next established payday | Maine Revised Statutes, Title 26 §626 |
| Maryland | On or before the day the wages would have been paid if the employment had not ended (the regular payday) | On or before the day the wages would have been paid if the employment had not ended (the regular payday) | Maryland Department of Labor, Guide to Wage Payment: Wage Payment at Termination |
| Massachusetts | On the day of discharge | By the next regular payday (or the following Saturday if there is no regular payday) | Massachusetts General Laws c. 149, §148 (archived copy) |
| Michigan | By the next regular payday | By the next regular payday | not yet verified at source |
| Minnesota | Within 24 hours of the employee's demand | By the first regularly scheduled payday after the last day (if that payday is less than 5 calendar days away, by the second payday, max 20 calendar days) | Minnesota Statutes §181.13 and §181.14 |
| Mississippi* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Missouri* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Montana | Immediately on a layoff or discharge, unless a written personnel policy extends it to the next regular payday or 15 days, whichever comes first | By the next regular payday or within 15 days, whichever comes first | Montana Code Annotated §39-3-205 |
| Nebraska* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Nevada | Immediately (a penalty applies if not paid within 3 days) | By the next regular payday or within 7 days, whichever is earlier | Nevada Revised Statutes 608.020 to 608.040 (archived copy) |
| New Hampshire | Within 72 hours | By the next regular payday (within 72 hours if the employee gave at least one pay period's notice) | New Hampshire RSA 275:44 (archived copy) |
| New Jersey* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| New Mexico | Within 5 days (10 days if paid by commission/piece/task) | By the next regular payday | not yet verified at source |
| New York | By the regular payday for the pay period in which the employment ended | By the regular payday for the pay period in which the employment ended | New York Labor Law §191(3) |
| North Carolina* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| North Dakota* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Ohio | By the regular payday under Ohio's twice-monthly pay schedule (Ohio sets no separate final-paycheck deadline) | By the regular payday under Ohio's twice-monthly pay schedule | Ohio Revised Code 4113.15 (archived copy) |
| Oklahoma | By the next scheduled payday | By the next scheduled payday | Oklahoma Department of Labor, Protect Your Pay |
| Oregon | By the end of the first business day after the discharge | Immediately if the employee gave at least 48 hours notice (excluding weekends and holidays); otherwise within 5 business days or by the next regular payday, whichever comes first | Oregon Revised Statutes 652.140 (archived copy) |
| Pennsylvania | By the next regular payday | By the next regular payday | not yet verified at source |
| Rhode Island | By the next regular payday (within 24 hours if the business is liquidating, merging, or moving out of state) | By the next regular payday | not yet verified at source |
| South Carolina | Within 48 hours or by the next regular payday (not to exceed 30 days) | Within 48 hours or by the next regular payday (max 30 days) | not yet verified at source |
| South Dakota | By the next regular payday for the hours worked, or as soon after as the employee returns the employer's property | By the next regular payday for the hours worked, or as soon after as the employee returns the employer's property (employees without a written fixed-term contract) | South Dakota Codified Laws 60-11-10 and 60-11-11 |
| Tennessee | By the next regular payday after the discharge, or 21 days after it, whichever comes later | By the next regular payday after the employee leaves, or 21 days after it, whichever comes later | Tennessee Department of Labor and Workforce Development, Wage Regulations (Tenn. Code Ann. §50-2-103(g)) |
| Texas | Not later than the sixth day after the discharge | By the next regularly scheduled payday | Texas Labor Code §61.014 |
| Utah | Within 24 hours of the separation | By the next regular payday (employees without a written fixed-term contract) | Utah Code 34-28-5 |
| Vermont | Within 72 hours | By the next regular payday | not yet verified at source |
| Virginia | By the date the wages would have been paid had the job continued (the next regular payday) | By the date the wages would have been paid had the job continued (the next regular payday) | Code of Virginia §40.1-29 |
| Washington | At the end of the established pay period | At the end of the established pay period | Revised Code of Washington 49.48.010 |
| West Virginia* | By the next regular payday (confirm your state's specific deadline) | By the next regular payday | not yet verified at source |
| Wisconsin | By the next regular payday or within 31 days, whichever is earlier (within 24 hours if the separation is caused by a merger, liquidation, closing or relocation) | By the next regular payday or within 31 days, whichever is earlier | Wisconsin Statutes §109.03 (archived copy) |
| Wyoming | No later than the employer's usual regular payday | No later than the employer's usual regular payday | Wyoming Statutes 27-4-104 |
* States marked with an asterisk show the common default rule; confirm the exact deadline with the state labor department.
Employment law changes and has exceptions: confirm your state's current rule with your state labor department (linked from each state guide) before you pay.
Need the letter too? The free Termination Letter Tool builds a state-aware letter and shows your final-pay deadline as you go.
Final paycheck laws: FAQ
When do I have to give a fired employee their final paycheck?
It depends on your state. Some states (California, Colorado, Massachusetts) require the final paycheck immediately or the same day; others allow the next regular payday. See the table below for your state.
Is final-pay timing different if the employee quits?
Yes, in many states. Quitting employees are often due pay on the next regular payday, while fired employees may be owed sooner. Check both columns for your state.
What happens if I pay the final check late?
Some states impose waiting-time penalties: California, for example, can charge up to 30 days of the employee's wages for a late final paycheck. Late final pay is a common and expensive mistake.
Do I have to pay out unused PTO in the final check?
It depends on your state and your written policy. Some states treat accrued vacation as earned wages that must be paid out. Check your state rule and your employee handbook.
These answers are general information, not legal, tax, or financial advice. Rules and fees change and vary by state: confirm current requirements with the relevant government agency and, for your situation, a licensed professional.