Final Paycheck Deadline by State
No federal law says when your last paycheck is due, your state does. Pick your state and how the job ended: deadline, PTO payout rule, and the late-pay penalty on the books.
All 51 jurisdictions, the full table
| State | Employer terminates | Employee quits | PTO payout |
|---|
PTO payout: statute = accrued vacation is earned wages and must be paid (CA, CO, IL, IN, KY, LA, MD, MA, MN, MT, NE, ND, OH, WV; ME over 11 employees; RI after 1 year; NY & NC pay out unless a written policy clearly forfeits it). The rest follow your employer's written policy. CA, CO, MT, NE prohibit use-it-or-lose-it forfeiture outright.
Penalties: 27 jurisdictions set a statutory late-pay penalty. Extremes: SC treble wages, AZ treble by court entry, WV double, VA up to triple + attorney fees, OR 8 hours' pay per day (max 30 days), NY +100% + fees, CA day's pay per day late (max 30 days, the "waiting time penalty").
Data verified Sept 2026 against each state's wage-payment statute (Cal. Lab. Code 201–202, Tex. Lab. Code 61.014, ORS 652.140, 21 V.S.A. 342, RCW 49.48.010, Wyo. Stat. 27-4-104 and the statute cited per row in the sources below). Federal law (FLSA) sets no final-pay deadline; the WARN Act is a notice law, not a payment law.
Frequently asked
Does my employer have to pay me immediately when I'm fired?
Only in a few states: California, Colorado, Montana, Nevada (within 3 days), Michigan, and Massachusetts (day of discharge) require immediate or same-day pay. Most states allow the next regular payday; a few add a fixed window (TX 6 days, AK 3 working days, UT 24 hours).
I quit, is the deadline different?
Usually the next regular payday, and the deadline moves faster if you gave notice in Oregon (48 hours' notice → paid on your last day), Hawaii and New Hampshire (a pay period's notice → immediate / 72 hours).
What can I do if my final check is late?
File a wage claim with the state labor agency, most states then owe you liquidated damages on top (from 5% per day to treble). Keep your pay records and the separation date; penalties often start counting from the statutory deadline, not from the payday.