Final paycheck laws by state

When your job ends, how soon you get your last paycheck depends on the state you work in, and often on whether you quit or were let go. Federal law doesn't set a deadline, so state law decides. Some states require payment on your last day or within a day or two, while many simply require it by the next regular payday.

This guide explains the common rules, what penalties some states attach to late final pay, and how your last paycheck is taxed. The table below lists the rule for every state with a published calculator, taken from each state's own labor law or labor department.

There's no federal deadline

The US Department of Labor says federal law doesn't require employers to give former employees their final paycheck immediately. The federal Fair Labor Standards Act sets the minimum wage and overtime you're owed for the work you did, but not when a final check has to arrive after you leave. That's why the answer depends entirely on the state.

A few states have no final paycheck law at all. In Florida, for example, we found no law setting a deadline, so in practice your last check usually arrives on the next regular payday.

Fired or quit: why it matters

Many states treat the two differently. When your employer ends the job, the deadline is often much shorter, because you didn't choose the timing. When you quit, your employer usually gets until the next regular payday.

• In California, if you're fired your final wages are due immediately. If you quit with at least 72 hours' notice, they're due on your last day; without notice, within 72 hours.
• In Connecticut, final wages are due the next business day if you're fired, and on the next regular payday if you quit or are laid off.
• In Texas, you must be paid in full within six days if you're fired, and by the next regularly scheduled payday if you quit.
• In Alaska, final pay is due within three working days if you're fired. If you quit, it's due on the next regular payday at least three days after your employer got your notice.

Notice can matter too. In Oregon and Hawaii, giving notice before you quit can mean you're paid on your last day rather than later.

The three main patterns

Most state rules fit one of three patterns.

Immediately or within a day or two. A handful of states require prompt payment, at least when you're let go. Massachusetts requires full payment on your last day if you're fired or laid off. Colorado requires payment immediately when your employer ends your job, and Utah within 24 hours when your employer separates you from the payroll. Missouri requires unpaid wages on the day of discharge.

Within a fixed number of days. Some states set a short count instead. New Hampshire and Vermont allow 72 hours after a discharge, and Arizona allows seven working days or the end of the next pay period, whichever comes first.

By the next regular payday. This is the most common rule in the table. In states such as Washington, New York, New Jersey and Kansas, your final pay is due on the payday it would have arrived anyway, whether you quit or were let go. A few states add an outer limit: Idaho requires payment by the next regular payday or within 10 days (not counting weekends and holidays), whichever is first.

Here are the rules for each state with a published calculator:

Penalties for late final pay

Some states give you more than the wages themselves if your employer is late. In Missouri, an employer that doesn't pay a discharged employee can owe your daily wages until it does, for up to 60 days. In Arkansas, an employer that pays more than 7 days late can owe double the wages due. In Wyoming, if you have to sue for unpaid final wages and win, the court adds interest and attorney fees.

Not every state has a penalty like these. Your state labor department can tell you how to file a wage claim.

What your final paycheck includes

Your final paycheck covers the regular wages and overtime you earned up to your last day. Whether it also includes other pay depends on the state and on your employer's written policies. Illinois says final pay includes earned vacation, commissions and bonuses. North Carolina requires commissions and bonuses on the first regular payday after they can be calculated, and Iowa allows 30 days for any commission true-up.

Some states let employers handle property first. In South Dakota, an employer may hold the final paycheck until you return property that belongs to the employer.

If you're paid hourly, check that every hour of your last pay period is included, especially overtime. The overtime calculator shows what a week with overtime should pay, and the hourly pages, such as what 20 dollars an hour is a year, convert an hourly rate to weekly, monthly and yearly pay.

How your final paycheck is taxed

A final paycheck is taxed like any other: federal income tax, Social Security, Medicare and any state and local taxes all apply. The paycheck calculator shows what a regular paycheck looks like in your state.

Extra payments can change the withholding. The IRS treats payments such as accumulated sick leave payouts, severance pay, bonuses and commissions as supplemental wages. When they're paid separately from your regular wages, your employer can withhold federal income tax at a flat 22%, which can be more or less than your usual rate. The bonus guide explains the two methods.

Withholding isn't your final tax bill. If too much federal tax was withheld, you get the difference back when you file your return.

Starting a new job in the same year

If you start a new job before the year ends, your new employer begins Social Security withholding from zero, even if you already reached the $184,500 wage base at your old job. If the combined Social Security withheld by your employers is more than the maximum for the year, you can claim the extra as a credit on your federal return. The FICA guide explains how. A new job is also a good time to fill out a new Form W-4, especially if you'll have two jobs at once; the W-4 guide covers the multiple jobs step.

If the new job pays more, the pay raise calculator shows how the change affects your take-home pay.

If your final paycheck is late

1. Check your state's rule in the table and on your state's calculator page, which links to the law or labor department page it comes from.
2. Ask your former employer in writing for the final wages, and keep a copy. In some states, such as Idaho, a written request shortens the deadline.
3. If you're still not paid, file a wage claim with your state labor department.

Keep your last pay stubs and a record of your hours. They make it much easier to show what you're owed.

Frequently asked questions

Is my employer required to pay me on my last day? Only in some states and situations. California requires immediate payment if you're fired, and Massachusetts requires payment on your last day if you're fired or laid off. Many states allow until the next regular payday.

Does it matter if I quit or was fired? In many states, yes. Deadlines after a firing or layoff are often shorter than after you quit.

Is there a federal law on final paychecks? No. The US Department of Labor says federal law doesn't require employers to pay former employees immediately.

Why was more tax taken from my last check? Payouts such as severance or accumulated sick leave can be withheld at the flat supplemental rate of 22% for federal income tax. Social Security and Medicare apply as usual.