PayFreq

Final Paycheck Laws by State

Final paycheck laws by state: deadlines for paying employees who quit or are fired, from immediate to the next payday.

Final paycheck laws by state: deadlines for paying employees who quit or are fired, from immediate to the next payday.

Final pay rules depend on the state and how employment ended. About a dozen states require payment on the spot when someone is fired (California, Colorado, Massachusetts, Missouri, Nevada); others allow until the next regular payday. When you quit, most states give until the next payday, though California requires payment on your last day if you give 72+ hours’ notice.

Late final pay can trigger penalties — California adds a waiting-time penalty of up to 30 days of wages. See the state chart for your deadline and the paystub rules for what the check must include.

Reviewed by S. Novak, HR compliance writer

Frequently Asked Questions

How long can an employer take to give a final paycheck?

From immediately (if you are fired in California, Colorado, or Massachusetts) to the next regular payday in most states. Quitting usually allows until the next payday.

Does unused vacation have to be paid out?

About 20 states require payment of accrued vacation; others leave it to company policy. Check your state's rule at ssa-style state labor pages.

What if my final check is late?

File a wage claim with your state labor department. Some states add penalties — California’s waiting-time penalty can reach 30 days of pay.

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