Final Paycheck Deadlines by State
How soon must an employer pay a departing employee's final wages, and what happens if the paycheck is late?
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Every entry, oldest check July 6, 2026
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What this survey covers
When a job ends, federal law doesn't say exactly when the last paycheck is due — it only requires payment by the next regular payday at the latest. States are free to require faster payment, and many do, often with a different deadline depending on whether the employee was fired or quit. Some go further and add a stiff daily penalty for a late check; others have no state deadline law at all. This survey answers one question, state by state: how soon must the final paycheck arrive, and what happens if it doesn't? Each state's page states the rule in plain English, quotes the statute it comes from, and shows the date we last verified the statutory text.
How to read the table
Each column is one feature of the state's final-paycheck rule, answered the same way for every state, with the statutory citation compressed into the cell. Where a state has no statute at all, the cell says so directly rather than leaving the deadline columns blank. Click a state for the full plain-English page: the rule dimension by dimension, the practical traps people actually hit, and the verbatim statutory text with official source links.
What the table shows
Discharge vs. quit. A slight majority of states draw NO distinction at all: Ohio, Oklahoma, Indiana, Tennessee, South Carolina, Maryland, Kentucky, Louisiana, Iowa, Kansas, Nebraska, Idaho, West Virginia, Maine, Rhode Island, Delaware, South Dakota, North Dakota, and Wyoming (among others) all pay a fired employee and a quitting employee on the exact same schedule, usually the next regular payday. A substantial minority instead accelerate payment specifically for an involuntary discharge — California's same-day rule is the best-known version, joined by Colorado, Utah (a flat 24 hours), Nevada, Connecticut, the District of Columbia (the next working day), and Alaska (3 working days). A handful of states run the pattern in reverse: Arizona and Oregon pay a discharge on a flat schedule but make the QUIT deadline notice-contingent instead, and Montana goes further still — an involuntary discharge is immediate by default, but an employer can contractually push it back to the slower quit deadline with a pre-established written policy. Kentucky's "whichever occurs LAST" rule (the later of the next pay period or 14 days) is a genuine outlier in the other direction: most "later of" and "earlier of" states pick the SOONER date, not the later one. Missouri and Arkansas each have a real statutory gap on one side only: a discharge has a deadline and a penalty, but a voluntary quit has no state deadline at all. And four states — Florida, Georgia, Alabama, and Mississippi — have no separation-pay deadline statute of any kind, for either kind of separation; only the federal FLSA's general next-payday floor applies, which is not itself a specific deadline.
Vacation and PTO payout. The default rule in most states is policy-contingent: vacation pay is owed at separation only if the employer's own written or established policy already promises it, and the wage-payment statute itself creates no independent floor (Texas, New Jersey, Virginia, Nevada, Kentucky, and many more). A meaningful minority go further and BAR forfeiture once a policy exists: California's § 227.3 is the model, joined by Illinois, Colorado (via case law), Maine (for employers with 11+ employees), North Dakota (by administrative rule), and Rhode Island (once an employee hits one year of tenure). Wyoming threads a middle path — forfeiture is allowed, but only with a written policy the employee has separately acknowledged in writing, a two-part test that trips up employers who have only one piece of it. A few states' own courts have gone the other way entirely and held vacation pay is NOT "wages" under the wage-payment statute even when an employer's policy promises it — Missouri and Hawaii both reach this result, leaving a contract claim as the only remedy.
Penalty for a late check. There's no single majority formula. Several states use an automatic daily percentage capped at a multiple of the unpaid wages (Delaware and New Hampshire both cap at 10%/day up to 100%; the District of Columbia's 10%/day capped at treble is one of the most aggressive in the survey). Others use a flat multiplier with no daily component at all: Vermont's flat doubling, New Jersey's up to 200%, and Illinois' 5%-per-month. Wyoming stands apart structurally — there's no liquidated-damages formula at all, just a MANDATORY 18%-per-year interest award plus attorney's fees once a court finds wages were justly due, a genuinely different mechanism from every liquidated-damages state. South Dakota sets one of the highest bars to clear: double damages require proving the employer's refusal was "oppressive, fraudulent, or malicious," not just late. And Texas has no automatic civil penalty attached to a late final paycheck at all — enforcement runs through the state wage-claim agency's administrative process instead.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Governing law | Deadline if fired or laid off | Deadline if the employee quits | Unused vacation/PTO payout required? | How final pay must be delivered | Penalty for a late or unpaid final check | How to enforce it | Exceptions and special rules |
|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-06 | No Alabama statute addresses wage payment, generally or on separation. Alabama's own Department of Labor states plainly that the state has no wage-and-hour law of any kind, deferring entirely to federal law (the Fair Labor Standards Act) for pay timing, frequency, and method. A 2018 bill (HB49) that would have created a final-paycheck deadline for the first time died in committee and was never revived |
No state deadline exists. In practice, employers pay final wages on the next regularly scheduled payday, the same floor the federal FLSA sets for every paycheck, since nothing in Alabama law requires anything faster |
The same absence applies. Alabama draws no distinction between a discharge and a quit because no statute addresses separation timing at all |
No statutory requirement in either direction. Alabama has no vacation-pay statute, so whether unused vacation is paid out at separation, and whether a "use-it-or-lose-it" policy is valid, depends entirely on the employer's own written policy or employment agreement, enforced (if at all) as an ordinary contract claim rather than under any wage law |
Not addressed by any Alabama statute. There's no state rule requiring a specific payment method (check, direct deposit, payroll card) or place of payment for a final paycheck; an employer follows its own ordinary payroll practices |
None under state law. Alabama has no statute imposing a penalty, liquidated damages, or fee-shifting specifically for a late or unpaid final paycheck. The failed 2018 bill would have added a 10%-per-day penalty for unreasonable nonpayment, but it never passed |
Alabama's Department of Labor doesn't adjudicate ordinary wage-payment disputes; its own guidance directs employees to the federal government instead. A departing employee's realistic options are a complaint to the U.S. Department of Labor's Wage and Hour Division (for a minimum-wage or overtime shortfall under the FLSA) or a private breach-of-contract or quantum meruit lawsuit in Alabama state court for wages actually owed under the employment relationship. There's no state wage-claim agency and no state-law fee-shifting statute for a routine unpaid-final-wages claim |
One narrow Alabama statute does reach an unpaid final paycheck indirectly: under the state's unclaimed-property law, wages or other compensation for personal services are presumed abandoned one year after they become payable, far shorter than the general 3-year dormancy period for most other property types. An employer holding unclaimed wages must file a report with the state before November 1 covering the 12 months ending the prior June 30, and must keep records of that report for 10 years. If a departing employee had a court-ordered wage garnishment in place, the employer must also notify the garnishing court of the termination |
| Alaska verified 2026-10-06 | Alaska Statutes Title 23, ch. 05, art. 2 (Wage Claims); the separation deadline and penalty are both in AS 23.05.140 |
3 working days after termination, regardless of the reason (AS 23.05.140(b)), but a genuinely TEMPORARY layoff (recall expected, no actual termination of employment) is instead paid on the next regular payday under AS 23.05.170, per the Dept. of Labor's own guidance distinguishing the two |
The next regular payday, as long as that payday is at least 3 days after the employer received the resignation notice; if the next payday would fall sooner than that, the deadline rolls to the FOLLOWING regular payday (AS 23.05.140(b)) |
The labor department says wage law does not mandate paid leave and the employer's WRITTEN policy controls disbursal; without a written policy, the department generally treats accrued leave as earned by the employee. Vacation and severance pay are separately listed as claim types the department may take assignment of once owed (AS 23.05.220(a)) |
Cash, a negotiable check/draft/order cashable at face value at an in-state bank, or, as of July 1, 2026, a payroll card account, at the employee's usual pay location or an agreed location (AS 23.10.040(a), AS 23.05.140(b)); a payroll card account is only allowed if the employee voluntarily authorized it (or didn't authorize direct deposit) and the card gives at least one fee-free withdrawal per week or pay period, free balance checks, no enrollment/issuance/transfer/point-of-sale fees, and FDIC/NCUA pass-through insurance (AS 23.10.044); paying with anything else is a misdemeanor (AS 23.10.040(d)) |
The employer MAY be required to pay a continuing-wage penalty from DEMAND until payment, capped at 90 working days; in a successful department action, the penalty is mandatory and computed at the straight-time eight-hour daily rate (AS 23.05.140(d)-(e)) |
A wage claim with the Dept. of Labor and Workforce Development (which can take an assignment subject to the § 23.05.220(c) small-claims jurisdiction cap and sue, AS 23.05.220, 23.05.230), or a private civil suit; the statute's own attorney's-fee-shifting provision (AS 23.10.110) reaches only unpaid minimum-wage/overtime claims, not a late-final-paycheck claim under AS 23.05.140 itself |
A good-faith dispute over the amount owed only requires paying the conceded portion, without condition, while preserving the employee's remedies for the balance (AS 23.05.180); a strike, lockout, or genuinely temporary layoff during a pay period is paid on the next regular payday, not accelerated (AS 23.05.170) |
| Arizona verified 2026-10-06 | A.R.S. §§ 23-350 to -360 govern wage payment and remedies; § 23-353 sets ordinary separation deadlines, and § 15-502(F) separately covers discharged school-district employees |
Seven working days after discharge or the end of the next regular pay period, whichever is sooner (§ 23-353(A)); discharged school-district employees: ten calendar days from discharge (§ 15-502(F)) |
All wages due no later than the regular payday for the pay period in which employment ended; mail payment if requested (§ 23-353(B)) |
The statute defines wages as nondiscretionary compensation due for work that the employee reasonably expects to be paid (§ 23-350(7)); it gives no separate vacation payout formula, so any claimed PTO payout must satisfy that definition |
Pay in U.S. money, a qualifying negotiable check, draft, money order or government warrant, or deposit in a financial institution chosen by the employee (§ 23-353(C)); a quit may be paid by mail on request (§ 23-353(B)) |
Violation of § 23-353 is a petty offense (§ 23-353(D)); for unpaid wages in violation of the chapter, an employee may sue for treble the unpaid amount (§ 23-355(A)); an unpaid final department/court order triggers treble amount plus interest after ten days (§ 23-360) |
Civil action under § 23-355 or, instead, a written department wage claim of no more than $12,000 filed within one year (§ 23-356(A)); the department investigates and directs payment on a valid claim (§ 23-357) |
Good-faith dispute over amount due may justify withholding the disputed wages (§ 23-352(3)); certain out-of-state centralized-payroll employers may designate monthly paydays for listed professional and supervisory employees (§ 23-351(B)); school-district discharge has a separate ten-calendar-day rule (§ 15-502(F)) |
| Arkansas verified 2026-10-07 | Ark. Code Ann. § 11-4-405 governs final pay after discharge; §§ 11-4-301, 11-4-303–304, and 11-4-306 govern the wage-dispute route. |
For an employer discharge, all wages due by the next regular payday (Ark. Code Ann. § 11-4-405(a)). |
Section 11-4-405 addresses employer discharge, not voluntary resignation; it sets no quit-specific deadline. Corporate pay-frequency rules remain in § 11-4-401. |
Section 11-4-405 requires “all wages due” after discharge but does not define whether unused vacation or PTO is included. |
Currency, check, or direct deposit with a written check opt-out; a preloaded debit card is also permitted with one free withdrawal per deposit (§§ 11-4-402(b), 11-4-403(f)). |
If discharge wages remain unpaid seven days after the next regular payday, the employer owes double the wages due (§ 11-4-405(b)). |
Either party may seek a wage-dispute hearing before the labor secretary or designee for claims within the $2,000 statutory limit; a party may then proceed at law (§§ 11-4-301, 11-4-303–304). |
The semimonthly pay-frequency rule is directed at corporations; § 11-4-405(a) says “an employer” and sets the discharge-payment rule (§§ 11-4-401(a), 11-4-405(a)). |
| California verified 2026-09-27 | Cal. Lab. Code §§ 201-203 (deadlines, penalty); § 227.3 (vacation payout) |
Immediate — due the same day as the discharge or layoff (§ 201(a)) |
Immediate if 72 hours' notice given; otherwise within 72 hours of quitting (§ 202(a)) |
Required: all vested, unused vacation is paid out as wages at the final rate; no use-it-or-lose-it forfeiture allowed (§ 227.3) |
A discharged employee is paid at the place of discharge; a quitting employee is paid at the employer's office in the county where they worked (§ 208). Only an employee who quits without 72 hours' notice may request payment by mail, and then the mailing date counts as payment (§ 202(a)) |
Waiting-time penalty: wages continue at the employee's regular daily rate as a penalty from the due date until paid, capped at 30 days, if the employer's failure to pay was willful (§ 203(a)) |
Employee may sue for the § 203 penalty before the limitations period on the underlying wage claim runs, or file a Labor Commissioner wage complaint for wages and penalties (§§ 203(b), 98(a)) |
Seasonal curing/canning/drying layoffs get up to 72 hours, not same-day (§ 201(a)). Industry-specific deadlines replace the default: temp services (weekly, § 201.3), motion-picture/broadcast (next regular payday, § 201.5), oil drilling (24 hrs excl. weekends/holidays, § 201.7), and live-theatrical/concert hiring-hall workers (set by CBA, § 201.9). Separate state-employee leave-deferral rules (§§ 201(b)-(d), 202(b)-(c)) are outside this survey's private-employer scope |
| Colorado verified 2026-10-06 | The Colorado Wage Act, C.R.S. §§ 8-4-101 through 8-4-123: § 8-4-109 sets the termination-pay deadlines and penalty, § 8-4-101(14) defines "wages," § 8-4-111 sets the CDLE administrative claim process, § 8-4-122 sets the limitations period |
Immediately (§ 8-4-109(1)(a)). If the employer's payroll office isn't operating at the moment of discharge, wages must be made available no later than 6 hours after that office's next regular workday, or, if payroll is handled off-site, delivered within 24 hours of that next workday to the work site, the employer's local office, or the employee's last-known mailing address |
The next regular payday, with no acceleration for advance notice (§ 8-4-109(1)(b)). If the employer makes the check available at the work site or local office but the employee hasn't picked it up within 60 days, the employer must then mail it to the employee's last-known address (§ 8-4-109(1)(c)) |
Yes, if the employer offers paid vacation at all: "If an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee" (§ 8-4-101(14)(a)(III)). The Colorado Supreme Court held in Nieto v. Clark's Market, Inc., 2021 CO 48, that this text bars a "use-it-or-lose-it" or forfeiture-on-separation policy: an employer can set how vacation accrues, caps, or whether it exists at all, but earned vacation can't be forfeited once it vests |
Wages generally must be paid by a negotiable instrument payable on demand in cash, or by direct deposit or payroll card the employee has authorized (§ 8-4-102). At separation, the employer chooses where to make the final check available: the work site, its local office, or the employee's last-known mailing address (§ 8-4-109(1)(a)-(b)). For money or property entrusted to a terminated employee, § 8-4-105(1)(e) permits an audited deduction with written notice within 10 calendar days. If the employee returns the money or property within 14 days after notice, the employer must repay the deduction within 14 days. Under § 8-4-105(2), this deduction cannot reduce pay below the applicable minimum wage; that limit has exceptions for deductions required by law, automatic retirement enrollment, and revocable employee authorizations |
Not automatic on a bare missed deadline: it requires a written demand first. If the employer still hasn't paid all earned, vested, and determinable wages within 14 days after the employee's written demand (or after an administrative claim or civil action is served), the employer owes the unpaid wages plus a penalty of the greater of 2 times the unpaid amount or $1,000; if the employee shows the nonpayment was willful, the penalty rises to the greater of 3 times the unpaid amount or $3,000 (§ 8-4-109(3)(b)). An employer that tenders full payment in good faith within that 14-day window owes no penalty unless the employee later recovers more than what was tendered (§ 8-4-109(3)(a.5)) |
An employee can file an administrative wage complaint with the Colorado Department of Labor and Employment's Division of Labor Standards and Statistics (capped at claims of $13,000 or less as of July 1, 2026, up from $7,500) or bring a private civil action: both can award the § 8-4-109(3)(b) penalty. If the employee recovers more than what the employer tendered, a court may award attorney's fees and costs, and CDLE may award attorney's fees in an administrative claim recovering more than $5,000 (§ 8-4-110(1)(b)). Claims generally must be filed within 2 years of accrual, extended to 3 years for a willful violation (§ 8-4-122). CDLE can also impose its own fines of up to $50/day per employee and place liens on employer assets (§ 8-4-113) |
Severance pay is expressly excluded from "wages" (§ 8-4-101(14)(b)). Since a 2025 amendment (HB 25-1001, eff. 2025-08-06), an individual owning or controlling 25% or more of an employer can be held personally liable as an "employer" under the Act, unless they show they fully delegated day-to-day control (§ 8-4-101(6)); that same 2025 law also added misclassification penalties of $5,000-$50,000 per violation. During a strike, a discharged employee is paid at the place of discharge and a quitting employee at the employer's office or agency (§ 8-4-108). Independent contractors are excluded from coverage under a multi-factor test (§ 8-4-101(5)). The Act has no minimum-employee-count threshold: it covers even very small private employers |
| Connecticut verified 2026-10-06 | Conn. Gen. Stat. § 31-71c sets the deadline; § 31-76k requires payout of accrued fringe benefits (including vacation); § 31-72 sets the double-damages/attorney's-fees remedy |
A DISCHARGE must be paid in full by the business day immediately following the discharge (§ 31-71c(b)); a LAYOFF (or work suspended by a labor dispute) instead gets the next regular payday (§ 31-71c(c)): a real split within this single dimension |
By the next regular payday, through the regular payment channels or by mail (§ 31-71c(a)): slower than the next-business-day discharge deadline, with no notice-contingent acceleration |
Required, but only if the employer's own policy or a collective bargaining agreement already provides for paying out accrued fringe benefits (vacation, holidays, sick days, earned leave) at termination; once that policy exists, payment can never be less than the earned average rate for the accrual period (§ 31-76k) |
For a voluntary quit, regular payment channels or mail (§ 31-71c(a)); discharged and laid-off employees must be paid in full by their applicable deadline (§ 31-71c(b)-(c)) |
Twice the full amount of the unpaid wages, plus costs and reasonable attorney's fees: unless the employer proves a good-faith belief that it was complying with the law, which limits recovery to the actual unpaid wages plus costs and attorney's fees (§ 31-72) |
A private civil action under § 31-72, or Labor Commissioner collection of unpaid wages plus statutory interest and a commissioner action for double damages |
A layoff or labor-dispute suspension is treated differently from an ordinary discharge: it gets the slower next-payday deadline instead of the next-business-day rule (§ 31-71c(c)); in a genuine dispute over the amount owed, the employer must still pay the undisputed portion without condition and within the normal deadline (§ 31-71d) |
| Delaware verified 2026-10-06 | Delaware Code Title 19, chapter 11 (Wage Payment and Collection Act); the separation deadline itself is § 1103 |
No fired-vs-quit distinction: wages are due on the LATER of the next regular payday under the employer's normal pay cycle or 3 business days after the last day worked (§ 1103(a)(1)) |
Identical rule as a discharge, suspension, or layoff: the later of the next regular payday or 3 business days after the last day worked (§ 1103(a)(1)); no notice-contingent split |
Section 1109 treats vacation as a benefit or wage supplement separate from wages. An employer party to an agreement to provide it must pay within 30 days after payment is required; § 1109 itself does not create a vacation benefit |
Same channels as an ordinary payday, or by mail to the employee's requested address if the employee asks (§ 1103(a)(2)); ordinary paydays allow cash, a locally-cashable check, or direct deposit only on the employee's written request (§ 1102(a)) |
Liquidated damages equal to the LESSER of 10% of the unpaid wages for each day (excluding Sundays and legal holidays) or an amount equal to the unpaid wages, unless the employer has reasonable grounds to dispute the amount (§ 1103(b)); a separate $1,000-$5,000 civil penalty applies per violation of the chapter generally (§ 1112(a)) |
A private civil suit, or a Dept. of Labor collection action taken with the employee's consent; a prevailing plaintiff's judgment must include costs and reasonable attorney's fees (§ 1113) |
A payroll-disruption defense for a labor dispute, power failure, weather catastrophe, epidemic, fire, or explosion (§ 1103(c)); the chapter excludes federal and Delaware state/local government employees and independent contractors (§ 1101(a)); up to $300 of a deceased employee's wages can be paid to next of kin without probate (§ 1106) |
| District of Columbia verified 2026-10-06 | D.C. Code Title 32, ch. 13, subch. I (Wage Payment and Collection Law); the separation deadlines and penalty are in § 32-1303 |
The working day following the discharge (§ 32-1303(1)): extended to 4 days if the employee was responsible for money belonging to the employer, to verify the accounts first |
Whichever is EARLIER of the next regular payday or 7 days from the date of quitting (§ 32-1303(2)), for an employee without a written contract longer than 30 days; a labor-dispute work suspension is paid on the next regular payday too (§ 32-1303(3)) |
Cash fringe benefits and remuneration owed under a written or oral employment contract count as wages (§ 32-1301(3)); vacation payout promised by an employer's policy or agreement is recoverable as wages under § 32-1303 |
Lawful U.S. money or a check payable on demand by the drawee bank (§ 32-1302); the same payday framework governs both ordinary paychecks and the separation deadlines by cross-reference |
Liquidated damages of 10% of the unpaid wages for EACH working day the failure continues, capped at treble (3x) the unpaid wages, whichever is smaller (§ 32-1303(4)): among the most aggressive automatic per-day formulas in this topic |
A private civil suit (individual, joint, or class/collective) with mandatory attorney's fees and treble damages for a prevailing plaintiff (§ 32-1308), or an administrative wage claim with the Mayor's office culminating in a hearing before an Administrative Law Judge (§ 32-1308.01), or Attorney General civil enforcement (§ 32-1306); a negligent violation is a misdemeanor ($2,500-$5,000 per affected employee), a willful violation a misdemeanor with up to 90 days in jail ($5,000-$10,000 per employee) (§ 32-1307) |
A bona fide dispute over the amount only requires paying the conceded portion, without condition, while the balance is pursued (§ 32-1304); a collective bargaining agreement can displace the discharge/quit deadlines (§ 32-1303 chapeau); general contractors and temporary staffing firms are jointly and severally liable for a subcontractor's or staffing firm's violations (§ 32-1303(5)-(6)); no private agreement can waive the chapter's protections (§ 32-1305) |
| Florida verified 2026-10-07 | No separation deadline in Fla. Stat. chs. 448 and 532; § 448.08 addresses unpaid-wage litigation |
No discharge-specific date stated in Fla. Stat. chs. 448 and 532 |
No resignation-specific date stated in Fla. Stat. chs. 448 and 532 |
Check the applicable leave agreement or policy; § 448.08 concerns fees in unpaid-wage actions |
Wage instruments must be payable in cash on demand in Florida; direct deposit requires written authorization and a chosen institution (§§ 532.01, 532.04) |
§ 448.08 permits discretionary costs and fees in an unpaid-wages action; § 448.110 has separate minimum-wage remedies |
An unpaid-wages action may carry costs and fees for the prevailing party (§ 448.08); minimum-wage suits follow § 448.110 |
Minimum-wage claims have a written-notice step and distinct damages under § 448.110(6) |
| Georgia verified 2026-07-06 | No Georgia statute sets a final-pay deadline. O.C.G.A. § 34-7-2 governs only how and how often wages are paid generally (twice a month, by cash/check/payroll card/direct deposit), not what happens at separation. The federal Fair Labor Standards Act's next-regular-payday practice is the only real floor |
No state deadline exists. In practice, employers follow the FLSA's general next-regular-payday floor, since Georgia law imposes nothing faster and nothing slower |
Same as a discharge: no Georgia statute addresses it at all, and no distinction is drawn between quitting and being fired because neither is addressed |
No independent statutory requirement. Vacation pay is owed only if the employer's own policy, handbook, or agreement promises it; once promised, it's enforceable as an ordinary contract claim under Georgia case law, not through any wage-payment statute (Amax, Inc. v. Fletcher, 305 S.E.2d 601 (Ga. Ct. App. 1983)) |
Wages must be paid in lawful U.S. money, by check, by credit to a payroll card account, or — with the employee's consent — by electronic transfer to the employee's own bank account; a payroll card requires a written fee disclosure before use (O.C.G.A. § 34-7-2(b), (c)) |
No statutory penalty, multiplier, or automatic damages attach to a late or unpaid final paycheck under Georgia law. An underpayment below Georgia's own minimum wage carries a specific civil remedy (O.C.G.A. § 34-4-6: the shortfall plus an equal amount as liquidated damages, plus costs and attorney's fees), but that's a minimum-wage-specific action, not a general final-pay remedy, and Georgia's state minimum wage ($5.15/hour) sits below the federal floor most employers must already meet |
No state wage-claim agency adjudicates a general final-pay dispute — the Georgia Department of Labor's own guidance routes wage complaints to federal resources (the U.S. DOL Wage and Hour Division) rather than a state process. Practical options are a breach-of-contract or quantum meruit suit in state court for wages owed under the employment relationship, or a federal FLSA claim (with its own remedies) where the shortfall implicates minimum wage or overtime |
O.C.G.A. § 34-7-2's twice-monthly payment-schedule rule doesn't reach the farming, sawmill, or turpentine industries at all, and separately exempts officials, superintendents, or other department heads employed by the month or year at a stipulated salary from its own payment-frequency requirement |
| Hawaii verified 2026-10-06 | Hawaii Revised Statutes ch. 388, Payment of Wages and Other Compensation, Payment of; the separation deadline itself is § 388-3 |
Discharge (with or without cause): wages in full at the time of discharge, or the next working day if conditions prevent immediate payment (§ 388-3(a)). A temporary layoff or a labor-dispute work stoppage gets a different, slower deadline: the next regular payday (§ 388-3(c)): Hawaii treats an outright discharge and a mere layoff differently rather than lumping them together |
Next regular payday by default (§ 388-3(b)). But if the employee gives at least one full pay period's notice before quitting, the employer must pay all wages earned at the time of quitting: effectively immediate payment, a much longer notice trigger than most states use |
Section 388-7(3) requires written or posted vacation and sick-leave policies; §§ 388-1 and 388-3 set no separate vacation-payout amount or separation deadline for unused leave |
Through the employer's regular pay channels, cash, a check, authorized direct deposit, or a compliant pay-card program the employee can decline (§§ 388-2, 388-5.7), and by mail if the employee requests it for a quit, layoff, or labor-dispute separation (§ 388-3(b)-(c)); the discharge subsection doesn't separately mention a mail option |
Without equitable justification, unpaid wages PLUS an equal sum and 6% annual interest are owed to the employee; a separate penalty of at least $500 or $100 per violation, whichever is greater, goes to the state fund (§ 388-10(a)). Nonpayment under the chapter is a class C felony (§ 388-10(b)(1)) |
Employee may sue in court; eligible workers may ask the director to take and pursue an assigned claim within one year after wages become due. The director route excludes executive, administrative, professional and outside-sales workers. A court awards 6% annual interest, costs and reasonable fees (§ 388-11(a)-(c)) |
If an employer's business is shut down by a writ of execution or attachment, or placed in receivership or an assignment for creditors, wage claims up to $600 per employee earned in the year before the shutdown get paid ahead of taxes and most other debts, provided the employee files a sworn wage statement within 20 days (execution/attachment) or 60 days (receivership/assignment) (§ 388-11(d)-(e)). No private agreement can waive or override the chapter's protections (§ 388-8). The chapter's own "employer" definition excludes the State and county governments (§ 388-1) |
| Idaho verified 2026-10-06 | Idaho Wage Claim Act, Idaho Code §§ 45-601 to 45-620; the separation deadline itself is set by § 45-606 |
The earlier of the next regularly scheduled payday or 10 days after the layoff or termination, weekends and holidays excluded; accelerated to 48 hours (also excluding weekends and holidays) if the employee makes a written request for earlier payment (§ 45-606(1)) |
Identical rule to a discharge or layoff: § 45-606(1) covers a termination of employment 'by either the employer or employee' in the same sentence, with no separate quit-specific deadline at all |
Section 45-606 requires payment of wages due but does not expressly set a vacation or PTO payout rule; § 45-601(7) defines wages as compensation for labor or services, and any separate vacation amount depends on the underlying employment terms |
Wages must be paid or made available at the employee's usual place of payment (§ 45-606(1)); lawful money or a bank check with suitable no-charge cashing arrangements, or voluntary direct deposit the employee can revoke at any time (§ 45-608(1)); a non-hourly, non-salaried employee must still receive at least minimum wage for the final pay period within the same § 45-606 deadline, with any additional true-up wages following on the next regular payday (§ 45-606(2)) |
Missing the § 45-606 deadline makes wages continue accruing at the same rate the employee was last paid, until paid in full or for 15 days, whichever is less, capped at $750 (or $500 if paid before a wage lien is filed) (§ 45-607); no penalty applies if the employee avoids or refuses payment that was made available. If the employer pays all undisputed wages within the § 45-606 deadline, no penalty may be assessed under the Act on the disputed balance unless it's later shown that balance was withheld willfully, arbitrarily, and without just cause (§ 45-611) |
File an administrative wage claim with the Idaho Department of Labor or sue directly in court as an alternative under § 45-615. A prevailing plaintiff in court recovers the unpaid wages plus either the § 45-607 penalty or 3 times the unpaid wages, whichever is greater, plus attorney's fees and costs (§ 45-615). Retaliating against an employee for complaining, filing suit, or testifying about unpaid wages is separately barred (§ 45-613) |
The department's director may grant an employer a temporary extension of the § 45-606 deadlines on a showing of good and sufficient reason (§ 45-606(3)). A wage claim generally must be filed within 2 years of accrual, but a claim for additional wages after a partial payment has already been made for that pay period must be filed within 12 months (§ 45-614): this limitations period was extended by a 2019 amendment, so an older case describing a shorter window reflects the prior, superseded text, not current law. Knowingly filing a false wage claim is a misdemeanor and exposes the employee to the employer's attorney's fees (§ 45-612) |
| Illinois verified 2026-07-18 | Illinois Wage Payment and Collection Act, 820 ILCS 115/5 (final-compensation deadline and vacation payout); 115/14 (penalties); 115/11 (Dept. of Labor wage-claim process) |
Final compensation is due in full at the time of separation if possible, but in no case later than the next regularly scheduled payday for that employee (820 ILCS 115/5) |
Same deadline as a discharge — the statute uses the single term "separated employees" and draws no distinction between quitting and being fired (820 ILCS 115/5) |
If an employment contract or policy provides paid vacation, the monetary equivalent of all earned, unused vacation must be paid as part of final compensation at the employee's final rate of pay, and no contract or policy may provide for its forfeiture — unless a collective bargaining agreement provides otherwise (820 ILCS 115/5) |
Final compensation must be paid in lawful U.S. money — by check redeemable at a bank without discount, by deposit to an account the employee designates, or by a compliant payroll card; an employer can't designate one bank as the exclusive place of payment (820 ILCS 115/4). On the employee's written request, the final check must be mailed (820 ILCS 115/5) |
An underpaid employee recovers the unpaid amount plus damages of 5% of it for each month it remains unpaid, through a Department of Labor claim or a civil action (not both); a civil action also adds costs and attorney's fees (820 ILCS 115/14(a)). A willful, able-to-pay refusal to pay is a Class B misdemeanor (unpaid amount ≤$5,000) or Class A misdemeanor (>$5,000) on conviction, and a Class 4 felony for a repeat violation within 2 years (820 ILCS 115/14(a-5)) |
File a wage claim with the Illinois Department of Labor within one year of when the final compensation was due, or sue in circuit court — not both (820 ILCS 115/11, 115/14(a)). Corporate officers or agents who knowingly permit a violation are personally liable as the employer (820 ILCS 115/13). An employer that ignores a Department demand or order also owes a separate administrative fee, a 20% penalty to the Department, and a 1%-per-day penalty to the employee (820 ILCS 115/14(b)) |
A valid collective bargaining agreement can override both the vacation no-forfeiture rule and the ordinary pay-period timing rules the Act otherwise sets (820 ILCS 115/4, 115/5). The Act doesn't cover state or federal government employees, or individuals who meet its 3-part independent-contractor test (820 ILCS 115/1, 115/2) |
| Indiana verified 2026-10-06 | Ind. Code chs. 22-2-5 (payment frequency and damages) and 22-2-9 (separation wages and wage claims); § 22-2-9-2(a) fixes the final-pay due date |
Unpaid wages due on the regular payday for the pay period in which separation occurred (§ 22-2-9-2(a)); that provision expressly excludes railroads |
Same regular payday under § 22-2-9-2(a), reinforced by § 22-2-5-1(b); unknown address after a voluntary departure postpones § 22-2-5-2 remedy exposure until ten business days after demand or the employer receives an address, not the underlying due date (§ 22-2-5-1(b)) |
§ 22-2-9-1(b) defines wages as recompense for labor or service, however calculated; the quoted wage definition does not prescribe a vacation-specific payout formula |
U.S. money, negotiable check, draft, money order, or electronic transfer to the employee-designated financial institution; a contrary contract is void (§ 22-2-5-1(a)) |
Successful suit for unpaid wages includes reasonable attorney's fees and court costs; if nonpayment was not in good faith, the court also awards liquidated damages equal to twice the unpaid wages (§ 22-2-5-2); referred Chapter 9 claims use the same remedy (§ 22-2-9-4(b)) |
Direct civil action under § 22-2-5-2, or commissioner investigation/referral to the attorney general (§ 22-2-9-4); the commissioner may take and prosecute assignments of claims under $6,000 (§ 22-2-9-5(a)) |
Railroads are excepted from § 22-2-9-2(a); agriculture and correctional offenders are exempt from Chapter 5 (§ 22-2-5-3), while Chapter 9 expressly exempts correctional offenders (§ 22-2-9-8); salaried overtime-eligible employees are exempt from § 22-2-5-1 (§ 22-2-5-1.1) |
| Iowa verified 2026-10-06 | Iowa Code ch. 91A, the Iowa Wage Payment Collection Law: § 91A.4 sets the separation deadline, § 91A.3 sets the regular-payday and payment-method rules it incorporates, and §§ 91A.8-91A.12 set the remedies and enforcement |
No later than the next regular payday for the pay period in which the wages were earned (§ 91A.4): the same deadline applies whether the employer suspends, lays off, or terminates the employee; no accelerated same-day or fixed-day-count rule |
The identical next-regular-payday deadline as a discharge or layoff: § 91A.4 covers any "suspended or terminated" employment without distinguishing who ended it or why, a genuine one-rule-both-ways state |
Vacation, holiday, sick leave, and severance pay count as "wages" under the statute only when due under an agreement with the employer or under the employer's own policy (§ 91A.2(7)(b)); but where that policy accrues vacation pro rata, the statute itself requires the final increment to be proportional to the fraction of the year the employee actually worked (§ 91A.4) |
Paid in U.S. currency or a negotiable instrument cashable at full face value, at the employee's normal workplace during normal hours (or a place/time both agree on), by direct deposit the employee elects (or, for hires after July 1, 2005, can be required to use, with listed exceptions), or by mail if the employee makes a written request (§ 91A.3(2)-(4)) |
5% of the unpaid wages per day unpaid (excluding Sundays, legal holidays, and the first seven days after the regular payday), capped at the total unpaid-wages amount and not accruing during an employer bankruptcy (§ 91A.2(6)), but this liquidated-damages penalty, plus attorney's fees and court costs, is only owed if the employer's nonpayment was INTENTIONAL; if not shown to be intentional, the employer owes only the unpaid wages plus costs and usual attorney's fees (§ 91A.8). Separately, the state labor director can assess a civil money penalty of up to $500 per pay period per violation, paid to the state, not the employee (§ 91A.12(1)) |
An employee can file a written complaint assigning the wage claim to the state labor director within one year of when the wages became due; the director investigates for free and, absent settlement, sues on the employee's behalf, recovering attorney's fees for the state (§ 91A.10(1)-(2)). An employee who hasn't assigned the claim can instead sue directly under § 91A.8 for the same damages (§ 91A.10(3)). Retaliating against an employee for filing a complaint or assigning a claim is a separate violation, enforceable by the director with reinstatement and back pay (§ 91A.10(5)) |
Several agricultural workers are excluded from "employee" status entirely: an employer's spouse and resident relatives, an owner/tenant-operator and resident relatives exchanging labor, and neighboring farmers exchanging labor or services (§ 91A.2(3)(b)). If part of the final wages is the difference between a commission-basis "credit" already paid and the commission actually earned, the employer gets up to 30 days after the suspension or termination to pay that difference, instead of the next regular payday (§ 91A.4). A farm labor contractor's client (a seed/feed-grain producer using contracted detasseling, roguing, or hand-pollination labor) is jointly liable for that contractor's unpaid wages (§ 91A.3(7)). In a wage dispute, the employer must still pay the conceded amount without condition, and doing so doesn't waive the employee's claim to the rest (§ 91A.7) |
| Kansas verified 2026-10-06 | Kansas Wage Payment Act, K.S.A. 44-313 through 44-327; the separation deadline itself is set by K.S.A. 44-315(a) |
Next regular payday the employee would have been paid on had employment continued: no accelerated deadline for a discharge or layoff (K.S.A. 44-315(a)) |
Same next-regular-payday deadline as a discharge; Kansas draws no distinction based on who ended the employment or how much notice was given (K.S.A. 44-315(a)) |
K.S.A. 44-313(c) defines wages as compensation for labor or services, and § 44-315 does not expressly set a vacation or PTO payout; whether a separate amount is owed calls for the employment terms and applicable law |
Cash, a negotiable check or draft, direct deposit/electronic transfer, or a payroll card (K.S.A. 44-314(b)); for the final paycheck specifically, the employer may mail it if the employee requests, and the mailing is timely if postmarked by the K.S.A. 44-315(a) deadline |
Only for a willful violation: a penalty of 1% of the unpaid wages for each day (excluding Sundays and legal holidays) the failure continues after the eighth day past the deadline, or 100% of the unpaid wages, whichever is less (K.S.A. 44-315(b)); no penalty applies to a good-faith, non-willful delay |
File a wage claim with the Kansas Department of Labor, which investigates and can order payment after an administrative hearing under the Kansas Administrative Procedure Act, reviewable under the Kansas Judicial Review Act (K.S.A. 44-322a); or sue directly in court (K.S.A. 44-324(a)). For a claim under $10,000 the secretary must take an assignment and pursue it at the employee's written request; for $10,000 or more the secretary may do so. |
If the employer disputes only part of what's owed, it must still pay the conceded, undisputed amount by the next regular payday, without requiring a release, leaving the employee free to pursue the balance (K.S.A. 44-316); specific deductions from final wages are allowed only with written notice, for things like unreturned company property, loan repayment, overpayment recovery, or unpaid merchandise/uniform costs, and can't cut pay below minimum wage (K.S.A. 44-319(c), (e)); none of these rights can be waived by agreement (K.S.A. 44-321) |
| Kentucky verified 2026-10-06 | KRS 337.055 sets the deadline; § 337.990(3) sets the civil penalty; § 337.010(1)(c) defines "wages" to include vested vacation pay |
By the next normal pay period following discharge, or 14 days after discharge, whichever occurs LAST (not first) (§ 337.055) |
Identical deadline and test as a discharge: Kentucky's statute covers "any employee who leaves or is discharged" with no separate rule for a voluntary quit (§ 337.055) |
Vested vacation pay is included in wages due at separation (§§ 337.010(1)(c), 337.055) |
Legal tender, bank check, direct deposit, or payroll card convertible at face value; no card activation fee and at least one free withdrawal per pay period (§ 337.010(1)(c)) |
A civil penalty of $100-$1,000 per offense, with each missed payment a separate offense, PLUS the Cabinet orders the employer to make full payment to the employee (§ 337.990(3)); no automatic liquidated-damages multiplier |
File a wage complaint with the Education and Labor Cabinet; it assesses the § 337.990(3) penalty and requires payment. The private liquidated-damages remedy in § 337.385(1) covers violations of §§ 337.020–337.285, a range that does not include § 337.055 |
The statute bars an employer from securing exemption "by any means"; an employee who was absent or otherwise not paid at the normal time must still be paid at any time thereafter, or automatically once the employee makes a 14-day demand (§ 337.055) |
| Louisiana verified 2026-10-06 | La. R.S. 23:631 sets final-pay timing and covered compensation; § 23:632 sets penalty wages and fees; § 23:634 bars contractual forfeiture of earned wages |
Next regular payday or within 15 days after discharge, whichever comes first (§ 23:631(A)(1)(a)); a collective bargaining agreement may provide otherwise (§ 23:631(A)(3)) |
Next regular payday for the pay cycle the employee worked at separation or within 15 days after resignation, whichever comes first (§ 23:631(A)(1)(b)); collective bargaining agreement may provide otherwise (§ 23:631(A)(3)) |
Due if the stated vacation policy made the employee eligible for accrued, unused paid time; vacation actually earned under the policy cannot be forfeited (§ 23:631(D)) |
Customary place and manner, or prepaid U.S. mail to the current address in employer records; mailed payment is deemed made when mailed (§ 23:631(A)(2)) |
Lesser of 90 days' wages or full wages from demand until payment/tender (§ 23:632(A)); good-faith amount dispute found by court limits liability to disputed wages plus interest (§ 23:632(B)) |
Employee may bring a wage action using Code of Civil Procedure art. 2592 (§ 23:631(B)); reasonable attorney's fees in a well-founded suit filed more than three days after first demand (§ 23:632(C)); undisputed wages must be paid on time despite a dispute (§ 23:631(B)) |
Collective bargaining agreement may alter subsection A deadlines (§ 23:631(A)(3)); rail carriers exclude legal holidays from the 15-day count (§ 23:631(C)); earned commissions/bonuses follow the written-policy conditions and some periodic bonuses have up to 120 days for calculation (§ 23:631(E)); partnership-taxed profits interests excluded (§ 23:631(F)) |
| Maine verified 2026-10-06 | Maine Revised Statutes Title 26, chapter 7, subchapter 2 (Wages and Medium of Payment); the separation deadline itself is 26 M.R.S. § 626 |
One deadline no matter why the job ended: full payment no later than the employee's next established payday (§ 626): Maine doesn't set a faster, discharge-specific deadline the way several other states do |
The identical next-established-payday rule as a discharge or layoff. Section 626 draws no distinction based on who initiated the separation or how much notice was given |
Layered rule. Once an employer's own policy or established practice provides paid vacation at all, unused vacation on separation has the same legal status as earned wages (§ 626). A 2022 amendment added a genuine no-forfeiture floor on top of that: all vacation accrued on or after January 1, 2023 under the employer's own policy must actually be paid out at separation, but only for employers with more than 10 employees; businesses with 10 or fewer employees and public employers are exempt from that mandatory-payout floor (vacation pay still counts as wages for them if their own policy already provides it, just without the forced payout). A collective bargaining agreement that addresses vacation payout on separation overrides this paragraph entirely |
The statute doesn't specify a required delivery method or a mail-on-request option the way some states' final-pay laws do; it only requires payment "in full" by the deadline. Separately, an employer generally may not charge a fee for paying wages by direct deposit (§ 621-A(7)) |
Not gated by willfulness or a prior demand: any violation makes the employer liable for the unpaid wages (and any required vacation pay) plus a reasonable rate of interest, plus a mandatory additional amount equal to twice the unpaid wages as liquidated damages, plus the employee's costs and reasonable attorney's fees (§ 626-A): one of the more automatically generous liquidated-damages formulas in this survey. A separate $100-$500 civil fine per violation is also available under the same section |
The employee can sue directly, or the Department of Labor can sue on the employee's behalf and supervise collection of any judgment (§§ 626, 626-A). A lawsuit isn't immediately ripe, though: if the wages are clearly and undisputedly due, remedies become available 8 days after the due date; if there's a genuine good-faith dispute over the amount, remedies become available 8 days after the employee makes a demand (§ 626-A) |
Selling a business doesn't erase the deadline: within 2 weeks after a business sale, the seller must pay out all wages (and any required vacation payout) earned while the employees worked for the seller, unless the seller has a specific written agreement shifting that duty to the buyer (§ 626). An employer may withhold a prior overcompensation error from a final paycheck under a separate overcompensation-recovery statute (§ 635), and may deduct a written, employee-authorized loan or wage advance |
| Maryland verified 2026-08-15 | Maryland Wage Payment and Collection Law, especially Lab. & Empl. §§ 3-501, 3-505, and 3-507.2 |
Pay all pre-termination wages by the payday they would have been paid if employment had continued (§ 3-505(a)) |
Same rule; § 3-505(a) does not create a different resignation deadline |
Accrued leave may be withheld only if a written limiting policy exists, hiring-time leave notice was given, and the policy itself denies termination payout (§§ 3-504(a)(1), 3-505(b)) |
U.S. currency or face-value cashable check; authorized direct deposit or debit-card/account credit is allowed, with written fee disclosure for cards (§ 3-502(c), (e)) |
No automatic daily penalty; court may award up to 3 times the unpaid wage plus counsel fees and costs when withholding was not from a bona fide dispute (§ 3-507.2(b)) |
Commissioner may mediate or sue; employee may sue after 2 weeks and ordinarily has 3 years from accrual (§§ 3-507, 3-507.2(a); Cts. & Jud. Proc. § 5-101) |
Construction general contractor can be jointly and severally liable for a subcontractor violation; administrative, executive, or professional employees may be paid less frequently (§§ 3-507.2(c), 3-502(a)(2)) |
| Massachusetts verified 2026-10-06 | Massachusetts's Wage Act, G.L. c. 149, § 148 (payment deadlines and method), § 150 (private civil enforcement), and § 27C (criminal and civil penalties) |
"Any employee discharged from such employment shall be paid in full on the day of his discharge" — same-day payment (§ 148). Boston has a narrow carve-out: payment as soon as the city's payroll-certification laws have been complied with |
"Any employee leaving his employment shall be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday" — the ordinary next-payday rule, with no notice-contingent split (§ 148) |
Section 148 expressly includes holiday or vacation payments due under an oral or written agreement in wages. Once due, those payments fall within the wage enforcement remedy in § 150 |
The employer must furnish a suitable pay slip, check stub, or envelope with each payment showing the employer's and employee's names, the pay-period date, hours worked, hourly rate, and deductions; a check or draft must be cashable at a bank or elsewhere without any charge to the employee (§ 148) |
No automatic per-day accrual, but a private civil action carries mandatory treble damages: a prevailing employee "shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits" plus litigation costs and attorney's fees (§ 150). Separately, the attorney general can prosecute criminally — up to $25,000 or 1 year (willful, first offense) or $10,000 or 6 months (non-willful, first offense) — or issue a civil citation of up to $25,000 per violation (§ 27C) |
An employee (or the attorney general) files a complaint with the attorney general. The employee may then bring a private civil action — individually or for similarly situated employees — 90 days after filing (sooner with the attorney general's written consent) and within 3 years of the violation, for injunctive relief, lost wages, and other damages; treble damages, costs, and attorney's fees are mandatory for a prevailing employee (§ 150). The attorney general can separately prosecute criminally or issue a civil citation or order (§ 27C) |
Boston discharge payments may wait until the city's own payroll-certification laws are satisfied. Executive, administrative, or professional employees, and other salaried employees, may be paid bi-weekly, semi-monthly, or (at their own election) monthly instead of weekly; agricultural workers may be paid monthly; railroad and parlor-car employees may be paid less frequently with state approval. An employee absent from the workplace at the time set for payment is paid on demand once available. Certain hospital, charitable-institution, and cooperative-association employees, and government casual employees, are exempted from § 148 unless they request otherwise. Commissions are covered once "definitely determined and ... due and payable" |
| Michigan verified 2026-08-15 | Michigan Payment of Wages and Fringe Benefits Act, MCL 408.471-.489; final-pay timing is MCL 408.475 |
Immediately, as soon as earned-and-due wages can with due diligence be determined (MCL 408.475(2)) |
As soon as earned-and-due wages can with due diligence be determined; hand-harvest workers no later than 3 days after quitting (MCL 408.475(1)) |
Written-contract/policy vacation is a fringe benefit; compensation due at termination cannot be withheld without a freely obtained written agreement or signed statement (MCL 408.471(e), 408.474) |
Currency, no-discount negotiable check/draft, direct deposit, or compliant payroll card; consent/disclosure rules and no employer setup-cost pass-through apply (MCL 408.476) |
Department orders amounts due plus 10% annually from complaint notice to payment; may add up to 2 times amounts due for flagrant/repeated violation, costs, and a state civil penalty up to $1,000 (MCL 408.488) |
Written Department complaint within 12 months; investigation, 90-day determination if unresolved, 14-day review request, hearing and judicial review; Director enforces final order (MCL 408.481, 408.489) |
Contract amount not determinable until contract end uses estimated interim wages and full final payment at termination; intent-to-defraud nonpayment is a misdemeanor (MCL 408.475(3), 408.485) |
| Minnesota verified 2026-08-15 | Minn. Stat. §§ 181.13-.14 set final-pay timing and penalties; § 181.171 supplies the private action; § 177.27 supplies Commissioner enforcement |
Earned unpaid wages immediately due on written demand; employer in default after 24 hours (§ 181.13(a)) |
First regular payday; if that payday is under 5 days after the last day, second payday allowed, but no later than 20 days; migrant worker within 3 days (§ 181.14, subd. 1) |
No independent vacation-cashout command in §§ 181.13-.14; hiring notice must state paid-vacation/PTO accruals and terms of use (§ 181.032(d)(3)) |
Usual payment method; if employee requests mail, payment counts on the postmark date (§§ 181.13(b), 181.14, subd. 5) |
After written demand and 24-hour default, average daily earnings for each default day, capped at 15 days; good-faith tender can limit exposure (§§ 181.13(a), 181.14, subds. 2-3) |
Direct district-court action with mandatory fees after a violation; Commissioner may order back pay, equal liquidated damages, and up to $10,000 for repeated/willful violations; 2-year limit, 3 years in stated cases (§§ 181.171, 177.27; § 541.07(5)) |
Entrusted-money/property audit adds 10 days; property-loss deductions require post-loss written authorization or judgment and stay within garnishment limits; post-separation commission procedures cannot be altered to delay/reduce pay (§§ 181.14, subd. 4; 181.79; 181.03, subd. 2) |
| Mississippi verified 2026-10-07 | Mississippi's Title 71, chapter 1 identifies § 71-1-35 as the pay-frequency provision. Its text requires twice-monthly payment only for manufacturing employers with 50 or more employees and public service corporations; it does not set a termination-specific deadline or apply universally |
The cited Mississippi provision supplies no accelerated or same-day payment date for a discharge or layoff. Where § 71-1-35's narrow twice-monthly rule applies, the employer keeps following that regular schedule; otherwise, the FLSA's next-payday floor is the only backstop |
The cited Mississippi provision supplies no quit-specific clock. A resignation follows the same scheduled-pay treatment as a discharge; the employer's regular pay schedule controls where § 71-1-35 applies |
Title 71, chapter 1 contains no vacation or PTO payout provision in its listed employer-and-employee sections; whether accrued vacation is paid at separation depends on the employer's own written policy or contract |
For the narrow class of employers § 71-1-35 covers, payment must be made twice a month (or on the second and fourth Saturday) and must include amounts earned up to 10 days before payment (15 days for public service corporations); a historical trade-check/coupon rule limited to manufacturing and railroad employers requires any such instrument to be cashable at face value on or after the regular payday (§ 71-1-39) |
Section 71-1-53 supplies a $25-$250-per-day misdemeanor fine only for a violation of a chapter provision lacking another penalty; that can reach a § 71-1-35 payday-frequency violation for a covered employer. Section 71-1-39 separately supplies 25% damages for an unpaid manufacturing trade-check claim of $100 or less. Neither provision creates an ordinary final-pay penalty |
The quoted Chapter 1 provisions provide no wage-claim filing or administrative-hearing procedure. An employee's recourse is a private lawsuit for unpaid wages, or a federal Fair Labor Standards Act claim if the shortfall involves minimum wage or overtime rather than a promised, undisputed wage amount |
Section 71-1-35's twice-monthly rule reaches only manufacturing employers with 50 or more employees and public service corporations, and excludes employees working in a bona fide executive, administrative, or professional capacity. For employers outside those categories, this section supplies no pay-frequency schedule. The historical trade-check/coupon provisions (§§ 71-1-37, 71-1-39) are a narrow manufacturing/railroad rule; § 71-1-45 requires written notice and the employer's acceptance before a wage assignment or pledge tied to a purchase can bind the employer |
| Missouri verified 2026-10-06 | Mo. Rev. Stat. § 290.110 sets the discharge/refusal deadline and penalty; § 290.130 addresses a related definite-term wrongful-discharge action |
Wages earned at the contract rate are due on the day the employer discharges or refuses to further employ the worker (§ 290.110); a layoff that ends employment must be assessed under that wording |
Section 290.110 addresses discharge or refusal to further employ, and supplies no deadline for a voluntary quit; the quoted section's penalty is tied to those employer-initiated events |
Section 290.110 speaks of unpaid wages earned at the contract rate and does not expressly set a vacation or PTO payout rule; whether a separate amount is owed calls for the employment terms and other applicable law |
After a written request to the foreman or timekeeper, wages or a valid check may be sent to a station or office with the employer's regular agent; the seven-day arrival condition controls the continuing-wage penalty (§ 290.110) |
If the money or valid check misses the requested station or office within seven days after a written request, wages continue at the same rate from discharge until paid, capped at 60 days (§ 290.110) |
Section 290.130 expressly recognizes an action for unpaid wages and the § 290.110 penalty; a definite-term employee discharged without cause may join a separate wrongful-discharge damages claim |
Section 290.110 excludes an employee paid primarily on commission whose duties include collecting accounts, caring for stock or merchandise, or similar work when an audit is necessary or customary to determine the net amount due |
| Montana verified 2026-10-06 | Montana Wage Payment Act, Mont. Code Ann. §§ 39-3-201 to -216 (Title 39, chapter 3, part 2); the separation deadline itself is § 39-3-205 |
Immediate upon separation by default when an employee is separated for cause or laid off by the employer (§ 39-3-205(2)), but an employer can push this back to the same next-payday-or-15-days deadline as a quit, if it has a WRITTEN personnel policy saying so in place before the separation. A separate exception lets an employer withhold a disputed amount when the discharge is for alleged theft connected to the job (§ 39-3-205(3)) |
The next regular payday for the pay period during which the employee separated, or 15 days from the date of separation, whichever occurs first (§ 39-3-205(1)): no notice-contingent acceleration the way some other states use |
The statute defines wages as money due from an employer; the labor department says Montana law leaves wage terms to the parties. Once an employer chooses to offer paid vacation, the Montana Supreme Court holds that once vacation has accrued under the employer's own policy, the employer "may not then impose conditions subsequent which would, if unmet, effectively divest an employee of that accrued vacation" (Langager v. Crazy Creek Products, Inc., 287 Mont. 445 (1998), applying the "wages" definition in § 39-3-201(6)). An employer can still set eligibility rules that determine when vacation accrues: it just can't claw back time already earned with a forfeiture condition |
Through the regular pay channels, or by mail if the employee requests it (§ 39-3-205(1)). Generally, wages must be paid in lawful U.S. money or a bank check convertible to cash on demand, or by electronic funds transfer/direct deposit only if the employee has separately consented in writing or electronically: an employee can never be required to accept direct deposit as a condition of pay (§ 39-3-204) |
A violation is a misdemeanor, and the employer must also pay the employee a penalty of up to 110% of the wages due and unpaid: a cap the Department of Labor and Industry assesses, not an automatic flat amount (§ 39-3-206). Any contract that tries to evade this part of the law is void, and the employee can sue for the wages plus the penalty, or for the penalty alone if the wages were already paid late (§ 39-3-208) |
The employee can sue directly in court, or file an administrative wage claim with Montana's Department of Labor and Industry within 180 days of the missed payment; the Department investigates, mediates, and can hold a contested-case hearing, with either side able to seek judicial review within 30 days of a final decision (§§ 39-3-207, 39-3-210, 39-3-216). Recoverable back wages generally reach back 2 years from the claim date or the employee's last day of work: 3 years if the employer has engaged in repeated violations (§ 39-3-207(2)-(3)) |
A genuine theft-allegation carve-out: if an employee is discharged over an alleged theft of the employer's property or funds connected to the job, the employer may withhold enough of the final paycheck to cover the loss if the employee agrees in writing, or if the employer reports the theft to local law enforcement within 7 business days, the withheld wages become due after 30 days if no charges are ever filed, and a court can order an offset (or repayment plus interest if the employee is acquitted or the employer withheld more than the theft's value) (§ 39-3-205(3)). Separately, courts distinguish a permissible "condition precedent" that limits how vacation accrues in the first place from an impermissible "condition subsequent" that claws back vacation already earned (Langager, 1998), see the vacation-payout dimension above |
| Nebraska verified 2026-10-06 | Nebraska Wage Payment and Collection Act, Neb. Rev. Stat. §§ 48-1229 to 48-1234; the separation deadline itself is set by § 48-1230(4) |
Next regular payday or within two weeks of the date of separation, whichever is sooner: the same rule applies regardless of whether the employer initiated the separation (§ 48-1230(4)(a)) |
Identical rule to a discharge: next regular payday or within two weeks of separation, whichever is sooner. The statute doesn't distinguish who ended the employment relationship at all (§ 48-1230(4)(a)) |
Yes, but only for genuine vacation leave that's already been earned under the employer's own stipulated conditions: Nebraska's wage definition includes fringe benefits like vacation leave once previously agreed to and any earning conditions have been met (§ 48-1229(6)). Ordinary sick leave or other paid leave is NOT included in wages due at separation unless the employer specifically agreed otherwise |
No specific method is mandated beyond lawful deductions/withholdings requiring legal authorization or written agreement (§ 48-1230(1)); a payroll debit card is allowed only if the employee gets at least one fee-free withdrawal per pay period (§ 48-1230(3)); a written or electronic wage statement is required each regular payday (§ 48-1230(2)) |
No automatic per-day penalty. Instead, an employee who sues over wages unpaid more than 30 days past the regular payday and wins is entitled to the full judgment plus mandatory attorney's fees and costs (§ 48-1231(1)); separately, the Department of Labor's Commissioner can issue an administrative citation with a penalty up to $500 for a first violation or up to $5,000 for a repeat violation (§ 48-1234) |
An employee may sue when wages remain unpaid 30 days after the regular payday; a judgment brings costs and reasonable attorney fees, except when the recovery fails to exceed an employer tender made within that 30-day period (§ 48-1231(1)). The Labor Commissioner may issue a citation and penalty, contestable within 15 working days; an unresolved contest defers the unpaid-citation contract bar, and a citation related to the suit may be admitted after the contest resolves (§§ 48-1231(3), 48-1234) |
Commissions get their own separate rule: they become due on the next regular payday after the employer actually receives payment from the customer for the underlying sale, not on the ordinary separation timeline at all (§ 48-1230.01). A separating employee of a political subdivision (a public-sector carve-out inside this same private-sector statute) instead gets paid within two weeks of the governing body's next scheduled meeting (§ 48-1230(4)(b)), outside this survey's private-employer scope. Since July 18, 2026, a wage-statement violation is within the Labor Commissioner’s citation authority under § 48-1234(1); former § 48-1231(3)’s separate infraction language was replaced with a rule on admitting citations in wage suits |
| Nevada verified 2026-10-06 | NRS 608.020 (discharge or nonworking status), 608.030 (resignation), 608.040 and 608.050 (continuing-wages remedies), 608.135 (civil action); Commissioner authority in NRS 607.160-.170 |
Earned, unpaid wages due immediately on discharge or placement on qualifying temporary nonworking status (§ 608.020(1)-(3)); the penalty has a separate three-day trigger (§ 608.040(1)(a)-(b)) |
Earlier of the usual payday or seven days after resignation or quitting (§ 608.030) |
NRS 608.012 defines wages as time-based agreed pay, commissions and amounts due on separation, excluding bonuses or profit sharing; the definition does not prescribe a vacation/PTO payout formula |
U.S. money or negotiable check/draft payable on presentation, unless the employee agrees in writing to another disposition (§ 608.120); wage instruments must be cashable without discount on demand (§ 608.130) |
Continuing wages at same rate until paid or 30 days, whichever is less, after three-day discharge/layoff grace or a missed resignation due date (§ 608.040(1)); tender-avoidance exception (§ 608.040(2)); § 608.050 supplies a separate continuing-wages and lien route |
Employee civil action within two years (§ 608.135(1)); attorney's fee if statutory written-demand and recovery conditions are met (§ 608.140); Labor Commissioner may pursue valid claims of people unable to afford counsel (§§ 607.160(7), 607.170(1)), but cannot take jurisdiction while the same-wages civil case is pending (§ 608.135(2)) |
Nonworking status excludes investigatory/disciplinary suspension, on-call availability and approved leave (§ 608.020(3)); an employee hiding or refusing full tender loses the continuing-wages penalty for that period (§ 608.040(2)) |
| New Hampshire verified 2026-10-06 | New Hampshire RSA ch. 275, Protective Legislation (the Payment of Wages subdivision, §§ 275:42-275:56); the separation deadline itself is § 275:44 |
Discharge: wages in full within 72 hours (§ 275:44 I). A labor-dispute work stoppage or an ordinary layoff instead gets a slower, separate deadline: the next regular payday (§ 275:44 III): New Hampshire, like Hawaii, treats an outright discharge and a mere layoff differently rather than lumping them together |
Next regular payday by default (§ 275:44 II). But if the employee gives the employer at least one full pay period's notice of intent to quit, the employer must pay all wages earned within 72 hours: a fixed 72-hour window, not immediate payment at the moment of quitting |
Vacation, severance, personal days, holiday and sick pay, and expense payments count as wages when due under an employer practice or policy (§ 275:43 V) |
In lawful U.S. money, electronic funds transfer, authorized direct deposit, a compliant payroll card, or a check cashable at a nearby financial institution (§ 275:43 I). For a quit, layoff, or labor-dispute separation, payment can go through the regular pay channels or by mail if the employee asks (§ 275:44 II-III); the 72-hour discharge rule doesn't separately mention a mail option |
If an employer willfully and without good cause misses a § 275:44 deadline, it owes liquidated damages of 10% of the unpaid wages for each day the failure continues (excluding Sundays and legal holidays), or an amount equal to the unpaid wages themselves, whichever is smaller: effectively capping the penalty at doubling the unpaid amount. That daily accrual stops running if the employer later files a bankruptcy petition (§ 275:44 IV) |
Employee may sue or file a commissioner wage claim within 36 months. Since July 7, 2026, the employer has 20 days after claim notice to object; an unappealed order is enforceable as a judgment and three-year lien (§ 275:51 V; 2026 ch. 50). Court may award costs and fees (§ 275:53) |
A salaried employee's final pay can be prorated to a daily rate, instead of paid the full salary for the pay period, if the employee resigns before the end of a pay period or is terminated for cause; ordinarily a salaried employee who performs any work in a pay period is owed the full salary for it regardless of days or hours worked (§ 275:43-b I-II). Health-and-welfare or pension-fund contributions tied to a bargaining agreement must reach the plan administrator by the next scheduled contribution date, a separate clock from the wage deadline itself (§ 275:44 V). No private agreement can waive any of these protections (§ 275:50) |
| New Jersey verified 2026-10-06 | New Jersey Wage Payment Law, N.J.S.A. §§ 34:11-4.1 to -4.15; § 34:11-4.3 fixes the separation deadline and § 34:11-4.10 supplies remedies |
All wages due by the regular payday for the pay period in which the discharge or layoff occurred (§ 34:11-4.3); a closed-workplace payday moves to the preceding workday unless a collective bargaining agreement provides otherwise (§ 34:11-4.2) |
Same regular-payday rule for a quit or resignation (§ 34:11-4.3), with the preceding-workday rule when the workplace is closed on payday (§ 34:11-4.2) |
§ 34:11-4.1(c) defines wages as direct monetary compensation for labor or services; that definition does not prescribe a vacation/PTO payout formula |
U.S. money or a check cashable without difficulty for its full amount (§ 34:11-4.2); direct deposit requires employee consent and may be revoked on timely notice (§ 34:11-4.2a); § 34:11-4.3 permits mail at the employee's request |
Civil recovery of unpaid wages plus liquidated damages up to 200%, costs, and reasonable attorney's fees (§ 34:11-4.10(c)); first-violation damages exception requires all statutory good-faith, acknowledgment, and 30-day payment conditions; knowing violations also carry criminal/administrative penalties (§ 34:11-4.10(a)-(b)) |
Employee civil action, including on behalf of similarly situated employees, or commissioner assignment and collection of a wage claim (§ 34:11-4.10(c)) |
Payroll-employee labor dispute permits up to ten additional days; incentive-paid employees may first receive a reasonable approximation until the exact wages are computed (§ 34:11-4.3) |
| New Mexico verified 2026-10-07 | NMSA 1978 §§ 50-4-1 to -12; separation deadlines in §§ 50-4-4 and -5 |
Fixed, definite wages: within 5 days, on demand; other compensation: within 10 days (§ 50-4-4(A)-(B)) |
Next succeeding payday for employee without definite-term written contract (§ 50-4-5) |
Amounts earned as compensation for labor or service are wages; discharge deadline applies to unpaid wages (§§ 50-4-1, -4) |
Cash, convertible check/draft/voucher, or direct deposit with voluntary authorization; written pay receipt (§ 50-4-2(B)) |
For missed discharge deadline, wages continue at discharge rate until paid, capped at 60 days and conditioned on timely demand/refusal (§ 50-4-4(C)) |
Employee civil action for discharge penalty; labor director may investigate and take assignment of wage claim for court collection (§§ 50-4-4, -8, -11) |
Pay conceded disputed wages without conditions within deadline; industrial-dispute wages due next payday; joint-adventure pay limited to cash portion (§§ 50-4-3, -6, -7) |
| New York verified 2026-10-07 | N.Y. Lab. Law § 191(3) (deadline); § 198-c (vacation/wage-supplement payout); § 198(1-a), (3), (4) (penalties, statute of limitations, post-judgment increase) |
Due no later than the regular payday for the pay period in which the termination occurred (§ 191(3)) |
Same deadline as a discharge — the regular payday for the pay period in which the termination occurred; the statute draws no distinction between quitting and being discharged (§ 191(3)) |
If the employer agreed to provide vacation, separation, or holiday pay, it must be paid within 30 days after it becomes due; failing to do so is a misdemeanor. The requirement doesn't apply to a bona fide executive, administrative, or professional employee earning over $1,300/week (§ 198-c) |
Wages must be paid in cash or by an instrument negotiable at full value, unless the employee has given advance written consent to direct deposit; the direct-deposit consent rule doesn't apply to a bona fide executive/administrative/professional employee earning over $1,300/week or to certain farm employees (§ 192) |
Liquidated damages equal to 100% of the wages found due (up to 300% for a willful equal-pay violation under § 194), unless the employer proves a good-faith basis for believing it complied with the law; a judgment unpaid 90 days after issuance automatically increases by 15% (§ 198(1-a), (4)) |
An employee (or the Commissioner of Labor on the employee's behalf) may sue or bring an administrative action within six years of the underpayment, recovering the full unpaid wages, liquidated damages, prejudgment interest, and reasonable attorney's fees (§ 198(1-a), (3)) |
The § 198-c vacation/wage-supplement payout duty and the § 192 direct-deposit consent rule both carve out bona fide executive, administrative, or professional employees earning more than $1,300/week; § 192's direct-deposit rule also doesn't apply to certain farm employees |
| North Carolina verified 2026-10-06 | N.C. Gen. Stat. §§ 95-25.6, -7 (regular and final pay); §§ 95-25.12, -13 (vacation and notice); § 95-25.22 (civil recovery) |
All wages due on or before the next regular payday, through regular pay channels or by trackable mail if the employee requests it in writing; bonus/commission-based wages are due on the first regular payday after the amount becomes calculable (§ 95-25.7) |
Identical to a discharge — § 95-25.7 covers an employee "whose employment is discontinued for any reason" and draws no distinction between quitting and being let go |
Promised vacation pay follows the employer's policy or practice; forfeiture requires the notice specified in §§ 95-25.12 and -13. Vacation and similar promised amounts count as wages under § 95-25.2(16) |
Final wages go through the regular pay channels, or by trackable mail if the employee requests that in writing (§ 95-25.7); an employer must give written notice at hiring of the promised wages and the day/place of payment, and post or otherwise make wage practices available in writing (§ 95-25.13(1), (2)) |
The employer owes the unpaid amount plus interest at the legal rate from when it first came due, and the court must ALSO award liquidated damages equal to that same amount — unless the employer proves the violation was a good-faith, reasonable-grounds mistake, in which case the court may reduce or eliminate the liquidated damages (§ 95-25.22(a), (a1)) |
Employee or Commissioner may sue; the Commissioner must first exhaust administrative remedies. The court may award costs and reasonable attorney's fees; claims have a two-year filing limit (§ 95-25.22) |
The listed minimum-wage, overtime and youth-employment exemptions do not themselves remove the separate wage-payment duties (§ 95-25.14(a)); final pay can be mailed by trackable mail on written employee request (§ 95-25.7) |
| North Dakota verified 2026-10-06 | North Dakota Century Code Title 34, ch. 34-14 (Wage Collection); the separation rule is § 34-14-03 |
No accelerated deadline: wages become due at the regular payday already established in advance by the employer for the period worked, same as an ordinary paycheck (§ 34-14-03). A discharge or termination specifically must be paid by certified mail to the employee's designated address, unless the parties agree to a different method |
The identical regular-payday rule as a discharge or layoff (§ 34-14-03); a labor-dispute work suspension gets the same next-payday treatment too. No notice-contingent split and no certified-mail requirement for a voluntary quit |
Mandatory once earned: N.D. Admin. Code § 46-02-07-02(12) makes available paid time off "wages" upon separation and bars any contract or policy from forfeiting it. Two statutory carve-outs let an employer withhold it: a short-tenure quit (under 1 year) with less than 5 days' notice, if written notice of the limit was given at hiring; or PTO that was awarded but not yet earned, if written notice was given when it was awarded (§ 34-14-09.2) |
Ordinary paydays allow cash, a check cashable at a convenient bank or credit union, direct deposit, or an employee-elected stored value card (§ 34-14-02). A discharge or termination specifically must be paid BY CERTIFIED MAIL to an address the employee designates, unless employer and employee agree otherwise (§ 34-14-03) |
A waiting-time penalty at the employee's own contracted daily wage rate for each day the employer is in default, capped at 30 days (§ 34-14-03), plus statutory interest from the due date until paid in full (§ 34-14-09.1); a repeat-violator employer (2+ prior findings within a year) owes double damages, or treble damages after 3+ prior findings (§ 34-14-09.1) |
An administrative wage claim with the Labor Commissioner for amounts between $125 and $15,000 (smaller claims go to small claims court, larger to district court), filed within 2 years, tolled while pending (§ 34-14-09); the Commissioner can also take an assignment of the claim and sue directly (§ 34-14-08); a willful refusal to pay is a criminal infraction (§ 34-14-07); no attorney's-fee-shifting provision found in the chapter |
A good-faith wage dispute only requires paying the conceded amount, without condition, while the balance is resolved (§ 34-14-04); an employer reclassified from treating a worker as an independent contractor to an employee owes no retroactive wages, penalties, or interest unless the misclassification was willful (§ 34-14-07.1); the double/treble-damages penalty in § 34-14-09.1 doesn't reach Railway Labor Act claims or collective-bargaining-agreement disputes |
| Ohio verified 2026-10-06 | Ohio's "Prompt Pay Act," R.C. 4113.15 (payment schedule, fringe-benefit trustee duty, and liquidated damages); R.C. 4113.99(A) (misdemeanor penalty); R.C. 4113.16 (anti-waiver) |
No accelerated deadline: final wages are due on the same semimonthly schedule as an ordinary paycheck — by the 1st of the month for wages earned in the first half of the prior month, and by the 15th for wages earned in the second half (R.C. 4113.15(A)) |
Same as a discharge — R.C. 4113.15 sets one payment schedule for all employees and draws no distinction based on how or why the employment ended |
Agreed vacation, separation and holiday pay are fringe benefits; absent a dispute, the employer holds required funds in trust and must pay the appropriate recipient within 30 days after the earning pay period (§ 4113.15(C), (D)(2)) |
An employee absent at payday and not paid through an authorized representative may demand payment at the usual pay place (§ 4113.15(A)) |
If wages remain unpaid 30 days beyond the regular payday (60 days beyond a claim or agreement date where no regular payday applies), and there's no good-faith contest or dispute, the employer owes liquidated damages equal to 6% of the still-unpaid, undisputed amount or $200, whichever is greater, on top of the wages themselves (R.C. 4113.15(B)). Violating R.C. 4113.15 is also a misdemeanor of the first degree (R.C. 4113.99(A)) |
The employer is liable to the employee for qualifying late wages and § 4113.15(B) liquidated damages; a § 4113.15 violation is also a first-degree misdemeanor (§ 4113.99(A)) |
R.C. 4113.15(A) allows a longer payment interval that's customary to a given trade or profession, or a different interval set by written contract. R.C. 4113.16 bars an employer from using a special contract or other means to exempt itself from the underlying semimonthly-payment duty itself. A franchisor isn't treated as the "employer" of a franchisee's employees under the Act unless it agrees in writing to that role or a court finds it exercises atypical control over the franchisee (R.C. 4113.15(D)(4)) |
| Oklahoma verified 2026-10-07 | 40 O.S. § 165.3 sets the deadline; § 165.1 defines "wages" (including vacation pay); § 165.9 provides for a private lawsuit with costs and attorney's fees; § 165.7 sets the administrative enforcement process |
At the next regular designated payday for the pay period the work was actually performed in: the same test as a quit, with no acceleration for a discharge (§ 165.3(A)) |
Identical to a discharge: the next regular designated payday for the pay period worked. Oklahoma's statute covers "whenever an employee's employment terminates" without distinguishing how it ended (§ 165.3(A)) |
The wage definition includes vacation pay earned and due under an agreement or established employer policy (§ 165.1(7)); the statute itself does not state that every unused vacation balance is payable regardless of those terms. |
Through the employer's regular pay channels, or by certified mail postmarked within the statutory deadline if the employee requests it (§ 165.3(A)) |
2% of the unpaid wages per day the failure continues, if the employer willfully withheld wages with no bona fide disagreement over the amount, or an amount equal to the unpaid wages, whichever is SMALLER; a bankruptcy filing by the employer stops the daily accrual (§ 165.3(B)) |
Commissioner of Labor may determine and collect a wage claim administratively (§ 165.7); the employee may also sue for unpaid wages and liquidated damages, and a court may allow costs and reasonable attorney fees (§ 165.9). |
No liquidated-damages penalty attaches to any portion of wages subject to a genuine "bona fide disagreement": an honest, evidence-supported dispute over a determinative fact or the law's application (§ 165.1(9)); the deadline itself can be displaced by a collective bargaining agreement covering the employee (§ 165.3(A)); up to $3,000 of a deceased employee's unpaid wages passes directly to a surviving spouse or dependent children without a probate action (§ 165.3a) |
| Oregon verified 2026-10-06 | ORS 652.140 sets the deadline; § 652.150 sets the penalty wage; § 652.200 provides mandatory attorney's fees in a wage-collection lawsuit |
By the end of the first business day after a discharge or a termination by mutual agreement (§ 652.140(1)) |
Immediately, on the last day, if the employee gave at least 48 hours' advance notice of quitting (excluding weekends/holidays); otherwise within 5 days (excluding weekends/holidays) or the next regular payday, whichever occurs FIRST: with a special estimate-then-true-up rule for employees on time-record-based pay (§ 652.140(2)) |
No independent statutory payout floor; vacation/PTO is owed at separation when the employer's policy or agreement provides for it (§ 652.140(6)). HB 4094 (2026), which would have placed policy-promised PTO on the final-wage schedule, died in committee |
Employer must mail final wages to any address the employee designates on request, or may deposit them by direct deposit if the employee has agreed to it (§ 652.140(4)); if the separation itself falls on a weekend or holiday, payment is due by the end of the first business day after that (§ 652.140(3)) |
For willful nonpayment, 8 hours' pay per day at the regular hourly rate until payment or suit, at most 30 days (§ 652.150(1)). The penalty generally cannot exceed 100% of unpaid wages without proper written notice, or if the employer pays in full within 12 days after receiving notice (§ 652.150(2)). The 100% cap does not apply to a prior final-wage violation within one year or a same-day group termination (§ 652.150(4)). Financial inability when wages accrued is a defense (§ 652.150(5)) |
A wage claim filed with the Bureau of Labor and Industries (BOLI) or a private civil lawsuit; a court must award the employee reasonable attorney's fees if wages remain unpaid more than 48 hours after becoming due, unless the employee willfully violated the employment contract or the employee's attorney unreasonably skipped giving the employer written notice before suing (§ 652.200(2)) |
Seasonal farmworkers are generally due wages immediately, subject to a noon-the-next-day exception for qualifying end-of-harvest farmworker camps and a separate 48-hour-or-next-payday rule for a worker who quits without 48 hours' notice (§ 652.145); a business sale can carry over accrued leave to the new employer without triggering an immediate payout if the purchaser credits the same leave at an equal or better rate (§ 652.140(6)); motor-vehicle and farm-implement sales commissions follow their own due-date and reduced-penalty rules when the disputed amount is small (§ 652.150(3)) |
| Pennsylvania verified 2026-08-16 | 43 P.S. §§ 260.1 et seq., the Wage Payment and Collection Law (§ 260.5: deadline; § 260.2.1: definitions; § 260.3(b): fringe-benefit timing; § 260.9a: civil enforcement; § 260.10: liquidated damages; § 260.11.1: criminal penalty) |
Not later than the next regular payday on which the wages would otherwise have been due and payable (§ 260.5(a)) |
Same deadline as a discharge — the statute treats an employer separating an employee and an employee quitting or resigning identically (§ 260.5(a)) |
Counted as "wages" (a "fringe benefit or wage supplement") only if the employer has agreed to pay or provide it; the law creates no independent floor and doesn't require an employer to offer vacation at all (§ 260.2.1). Once agreed to, fringe benefits/wage supplements are due within 10 days after payment is required, or within 60 days of a proper claim if no time is specified (§ 260.3(b)) |
Ordinary wages are paid in lawful money or by check (§ 260.3(a)); a separated employee's final wages must be sent by certified mail if the employee requests it (§ 260.5(a)) |
Liquidated damages equal to 25% of the total wages due, or $500, whichever is greater, once wages remain unpaid 30 days past the regular payday (or 60 days past a claim or agreement date where no regular payday applies), unless a good-faith dispute or set-off claim exists (§ 260.10); a separate summary criminal offense carries a fine up to $300, imprisonment up to 90 days, or both, per violation (§ 260.11.1) |
A private civil suit (individually or on behalf of similarly situated employees), with mandatory attorney's fees for a prevailing employee, or a wage claim filed with the Secretary of Labor and Industry, who can seek a 10% penalty if the employer doesn't pay or explain within 10 days of certified notice; any claim must be brought within 3 years of when the wages became due (§ 260.9a) |
A good-faith wage dispute or an asserted right of set-off/counter-claim is a defense to both the liquidated-damages penalty and the criminal offense, so long as the employer pays all wages it concedes are due (§§ 260.6, 260.10, 260.11.1(b)); the law creates no substantive right to any particular pay — it only enforces whatever an employment agreement (written or oral) already promises |
| Rhode Island verified 2026-10-06 | Rhode Island General Laws Title 28, chapter 14 (Payment of Wages); the separation deadline itself is § 28-14-4 |
One deadline whether the employee is fired, laid off, or quits: unpaid wages become due on the next regular payday (§ 28-14-4(a)). If the specific reason for the separation is the employer liquidating, merging, disposing of, or removing the business out of state, the deadline accelerates sharply to within 24 hours of separation (§ 28-14-4(c)) |
The identical next-regular-payday rule as a discharge or layoff (§ 28-14-4(a)): Rhode Island draws no distinction based on who initiated the separation. A labor-dispute work stoppage gets that same next-payday deadline too (§ 28-14-5) |
Mandatory once an employee has worked at least one full year AND the employer has any vacation arrangement at all: written policy, verbal policy, or a collective bargaining agreement. Once both conditions are met, accrued vacation pay "become[s] wages" payable in full or on a prorated basis alongside the final paycheck (§ 28-14-4(b)), on the accelerated 24-hour clock too if the separation was from a business closure, merger, or relocation (§ 28-14-4(c)). An employee under a year of service, or whose employer never adopted any vacation arrangement, has no independent statutory claim |
Cash or a bank check convertible at full face value, at the usual payment place (§§ 28-14-2, -4); account or payroll-card payment requires an employee's written or electronic request and employer consent (§ 28-14-10.1) |
A violation is a misdemeanor: at least a $400 fine per offense, up to a year in jail, or both, with each missed pay period counting as its own separate civil violation (§ 28-14-17(a)). A knowing and willful violation of the separation-pay deadline becomes a felony if the unpaid wages exceed $1,500 (up to 3 years in prison, a $5,000 fine, or both) (§ 28-14-17(b)). On top of any criminal exposure, the Department of Labor and Training assesses a separate administrative penalty of 15%-25% of the back wages for a first violation within 3 years (25%-50% for a repeat violation) (§ 28-14-17.1), and an employer who doesn't pay within 30 days of a final decision can have its state business license revoked (§ 28-14-17(c)) |
Two mutually exclusive paths. A private civil lawsuit can recover unpaid wages plus liquidated damages up to 2 times the amount owed, attorney's fees, and equitable relief like reinstatement (§ 28-14-19.2), within a 3-year window, OR an administrative wage claim with the Department of Labor and Training, which after a hearing (now held and decided in "a reasonable and timely manner, not to exceed 120 days" at each stage, per a 2026 amendment already in force, see note below) can order the wages paid with 12% annual interest plus a civil penalty of up to 2 times the wages due, split between the state and the employee (§ 28-14-19). An employee must pick the civil-suit route before the Department issues its hearing notice; the two can't run at the same time |
A worker laid off after more than one year must be offered the prior wage on return to the same or similar job (§ 28-14-31). Up to $300 of recent wages gets priority in specified insolvency proceedings (§ 28-14-6.1). Private agreements cannot waive the chapter; written contracts for bonus pay in addition to wages are excepted (§ 28-14-9) |
| South Carolina verified 2026-07-28 | South Carolina's Payment of Wages Act, S.C. Code Ann. §§ 41-10-10 through 41-10-110: § 41-10-50 sets the separation-pay deadline, § 41-10-10(2) defines "wages," § 41-10-80 sets civil and administrative penalties, § 41-10-70 sets the DOL agency complaint process |
All wages due must be paid "within forty-eight hours of the time of separation or the next regular payday which may not exceed thirty days" (§ 41-10-50). In practice: pay within 48 hours, or by the next regular payday if that's sooner, but never later than 30 days after separation either way |
The identical rule as a discharge. Section 41-10-50 applies whenever an employer "separates an employee from the payroll for any reason": a 1990 amendment broadened the section from a notice-triggered rule to cover every kind of separation the same way, so a voluntary quit gets the same 48-hour/next-payday/30-day-cap deadline as a firing or layoff |
No independent statutory floor, but the Act's own "wages" definition sweeps in vacation, holiday, and sick-leave pay once an employer policy or contract creates the entitlement: "'Wages' means all amounts at which labor rendered is recompensed... and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract" (§ 41-10-10(2)). If the employer's own written policy provides for forfeiture of unused vacation at termination, that policy generally controls: the statute doesn't override a valid forfeiture clause, it only guarantees payout of whatever the policy actually promises. Severance pay is NOT wages under the Act (removed by a 1990 amendment) and funds in a pension or profit-sharing plan are also excluded |
Wages must be paid "in lawful United States money or by negotiable warrant or check bearing even date with the payday," and an employer may instead deposit wages to the employee's account at a federally insured financial institution (§ 41-10-40(A)-(B)). The same time-and-place rules that govern ordinary paychecks apply to the final one, since § 41-10-80(C)'s penalty covers a violation of either § 41-10-40 (medium of payment) or § 41-10-50 (separation deadline) alike |
An employee may recover three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees, in a civil action (§ 41-10-80(C)). The South Carolina Supreme Court has held this treble-damages remedy is discretionary, not mandatory, the statute says the employee "may" recover it, and a trial court can decline to treble damages where the employer withheld wages because of a genuine, good-faith dispute over what was owed (Rice v. Multimedia, Inc., 456 S.E.2d 381 (S.C. 1995)). Separately, the state labor agency can issue its own administrative civil penalty of up to $100 per violation for a § 41-10-40 violation, with each missed payment a separate offense (§ 41-10-80(A)-(B)), a much smaller, agency-only track distinct from the employee's treble-damages lawsuit |
An employee can file a written complaint with the Department of Labor, Licensing and Regulation, which may investigate and try to resolve the dispute through mediation, but the agency cannot itself award the employee back pay, collecting the money still requires the employee's own civil action (§ 41-10-70). A private civil action for the treble-damages remedy must be filed within three years after the wages became due (§ 41-10-80(C)); there's no requirement to file with DOL LLR first. If wages are genuinely disputed, the employer must still give written notice of the amount it concedes is owed and pay that undisputed portion without any condition, accepting it doesn't waive the employee's claim to the rest (§ 41-10-60) |
No employer size or industry exemption applies to the final-paycheck deadline or the treble-damages penalty: the only small-employer carve-out in the Act (fewer than 5 employees, or domestic labor in a private home) exempts those employers solely from the separate wage-notice/recordkeeping section, § 41-10-30, not from §§ 41-10-50 or 41-10-80 (§ 41-10-20). Commission-based pay is expressly covered as "wages." No private agreement can waive or override any provision of the Act (§ 41-10-100) |
| South Dakota verified 2026-10-06 | South Dakota Codified Laws ch. 60-11 (Payment of Wages); the separation deadlines are §§ 60-11-10 (discharge/layoff) and 60-11-11 (quit) |
Next regular payday for the hours that would normally have been paid, OR later, if the employee hasn't yet returned all employer property in the employee's possession (§ 60-11-10). No fixed day count beyond the regular pay schedule |
Identical next-regular-payday rule, with the same employer-property holdback (§ 60-11-11), for any employee without a written contract for a definite period. No notice-contingent split |
Chapter 60-11 sets final-wage timing without naming vacation or PTO payout. The Department of Labor and Regulation says whether vacation pay can be withheld for failure to give notice is a matter of employer-employee agreement |
Cash, check, or direct deposit to the employee's bank account, unless employer and employee agree to a different form (§ 60-11-9); final pay follows the same form since §§ 60-11-10/-11 both tie the deadline to "the next regular stated pay day" under § 60-11-9 |
No automatic per-day penalty. Double damages apply ONLY if the employer's refusal to pay was oppressive, fraudulent, or malicious (§ 60-11-7); a separate Class 2 misdemeanor applies to an employer's intentional refusal to pay on demand (§ 60-11-15) |
A private civil suit for double damages, or the Dept. of Labor and Regulation can take an assignment of the claim (capped at $500 under the technical-assignment route, § 60-11-18; uncapped under the "in trust" assignment for wages or liquidated damages, § 60-11-19) and sue on the employee's behalf; no attorney's-fee-shifting provision found anywhere in the chapter |
An employer may withhold final wages past the regular payday, indefinitely, until the employee returns all employer property still in their possession (§§ 60-11-10, -11); a labor-dispute work suspension still gets paid on the next regular payday, with any faithful-performance deposit returned in full (§ 60-11-12); a good-faith dispute over the amount owed only requires paying the conceded portion (§ 60-11-13) |
| Tennessee verified 2026-10-07 | Tenn. Code Ann. § 50-2-103(g) sets the separation deadline; § 50-2-103(a)(4) addresses owed vacation pay; subsections (i)–(j) provide penalties and enforcement |
Next regular payday or 21 days after separation, whichever is later; piece-work and commission pay: last day of the following month (§ 50-2-103(g)) |
Same rule as discharge, including the piece-work and commission exception (§ 50-2-103(g)) |
Final wages include vacation or compensatory time owed under company policy or a labor agreement; the statute does not require employers to provide vacation (§ 50-2-103(a)(4)) |
Cash, negotiable check or draft, electronic funds transfer, or prepaid debit card with a free withdrawal and transfer choice (§ 50-2-103(e)); absent employees are paid within a reasonable time after demand (§ 50-2-103(f)) |
Class B misdemeanor, $100–$500 fine; willful violation may instead draw a $500–$1,000 civil penalty; one warning for a first unintentional violation; civil and criminal treatment cannot both apply (§ 50-2-103(i)) |
The Department of Labor and Workforce Development enforces § 50-2-103 and may inspect relevant payroll records for a written complaint (§ 50-2-103(j)) |
2026 Pub. Ch. 617 applies to wages earned on or after July 1, 2026; piece-work and commission final compensation uses a following-month deadline. The five-employee definition in § 50-2-103(b) is expressly for subsection (a), not the “any employee” deadline in subsection (g). |
| Texas verified 2026-08-16 | Tex. Lab. Code §§ 61.001, 61.014 (deadlines); § 61.018 (deductions); § 61.051 (wage claim filing) |
6 calendar days after the date of discharge (§ 61.014(a)) |
Next regularly scheduled payday, regardless of how much notice the employee gave (§ 61.014(b)) |
No independent statutory payout requirement — vacation, holiday, sick, parental, and severance pay count as "wages" under § 61.001(7) only if owed under a written agreement or a written employer policy; the statute itself creates no floor |
In person at the regular workplace, at an agreed time/place, by registered mail arriving by payday, or to a written-designated recipient (§ 61.017); wages may not be withheld or diverted except by court order, other law, or the employee's own written authorization (§ 61.018) |
No automatic per-day penalty; a bad-faith nonpayment finding lets the Texas Workforce Commission assess an administrative penalty capped at the lesser of the wages claimed or $1,000 (§ 61.053); willfully avoiding wages owed is a third-degree felony (§ 61.019) |
File a wage claim with the Texas Workforce Commission within 180 days after the wages became due (§ 61.051); the determination-to-enforcement process is in §§ 61.052-61.066, including the preliminary order (§ 61.052) and Travis County suit (§ 61.066), with an administrative lien under § 61.081 |
The chapter doesn't apply to the United States, Texas, or a political subdivision as employer (§ 61.003); a franchisor isn't treated as the employer of a franchisee or the franchisee's employees for a wage claim (§ 61.0031); commissions and bonuses are due on the terms of the employee's own agreement or a collective bargaining agreement, then must be paid as promptly as other wages once due (§ 61.015) |
| Utah verified 2026-10-06 | Utah Code § 34-28-5 sets the separation-pay deadlines; § 34-28-9 and § 34-28-9.5 set enforcement and remedies; § 34-28-3 sets the general payday and payment-method rules |
Wages become due immediately and must be paid within 24 hours of separation (§ 34-28-5(1)(a)): covers an ordinary discharge or layoff; a narrower carve-out applies if the separation is a work stoppage from an industrial dispute (see Exceptions) |
By the next regular payday, with no notice-contingent acceleration: applies whenever the employee resigns without a written contract for a definite period (§ 34-28-5(2)) |
The cited wage statute gives no separate vacation or PTO payout formula; whether an amount is due depends on the employment terms and the statutory definition of wages (§§ 34-28-2(1)(i), 34-28-5(1)-(2)) |
Wages must be paid in lawful U.S. money, by a negotiable check/draft cashable at full face value, or by electronic transfer to the employee's designated account (§ 34-28-3(1)(e)); for a separation specifically, the 24-hour deadline is satisfied by mailing the wages (postmarked within one day of separation), initiating a direct deposit within 24 hours, or hand delivery within 24 hours (§ 34-28-5(1)(b)) |
Written demand required; if still unpaid 24 hours later, wages continue at the separation-date rate from demand until payment, capped at 60 days; suit for this penalty must begin within 60 days of separation (§ 34-28-5(1)(c)); the Division may also assess 5% of unpaid wages daily for up to 20 days (§ 34-28-9(2)(a)) |
File a wage claim ($50-$10,000) with the Division of Antidiscrimination and Labor within one year of when the wages were earned (§ 34-28-9(1)(c)-(e)); a claim of $10,000 or less must exhaust that administrative process before suing, unless the claim (or several employees' combined claims) exceeds $10,000 (§ 34-28-9.5(1)-(2)); a court can then award actual damages, an added 2.5%-per-day penalty (capped at 20 days after judgment), plus the separate waiting-time penalty (§ 34-28-9.5(3)); willful nonpayment with intent to defraud, harass, or delay is a class B misdemeanor (§ 34-28-12) |
The chapter excludes public employment, household domestic service, and employment with an agreement for different payment terms; § 34-28-5 still applies to farm, dairy, agricultural, and stock/poultry employment (§ 34-28-1). Industrial-dispute work stoppages are payable next regular payday (§ 34-28-5(3)); the commission portion of some sales agents' earnings is excepted (§ 34-28-5(4)). The employer must pay the conceded amount during a wage dispute (§ 34-28-6). |
| Vermont verified 2026-10-06 | Vermont Statutes Annotated Title 21, ch. 5, subch. 2 (Wages and Medium of Payment); the separation deadlines are in 21 V.S.A. § 342(b) |
Within 72 hours of discharge (§ 342(b)(2)) |
The last regular payday, or the following Friday if there's no regular payday (§ 342(b)(1)): no notice-contingent split. An employee absent on the regular payday is instead entitled to payment on demand (§ 342(b)(3)) |
Section 342 sets final-wage deadlines without naming vacation payout; § 345(b) enforces benefits promised in an oral or written agreement, while § 483(e) expressly makes unused sick-time payout dependent on employer agreement. H.295, which proposed a vacation-payout requirement, did not advance beyond House committee in the 2025-2026 session |
Lawful money or a check (§ 342(a)(1)); direct deposit or a payroll-card account only with the employee's WRITTEN authorization, with extensive payroll-card consumer protections (§ 342(c)); a payroll-card employer's obligations end 30 days after separation once final wages are paid (§ 342(d)) |
A flat DOUBLE-damages civil forfeiture (twice the value of the unpaid wages) plus mandatory costs and attorney's fees, with no daily accrual and no separate dollar cap (§ 347); a willful violation found through the Dept. of Labor's own administrative process draws a separate up-to-double penalty split between the employee and the department (§ 342a(d)) |
A private civil action under § 347 (barred once wages are fully paid) with mandatory costs and attorney's fees, or a Dept. of Labor wage complaint under § 342a (2-year filing window, investigation, written order, appeal to an ALJ then the Employment Security Board); a separate quasi-criminal fine up to $5,000 applies to the employer (or a controlling corporate officer who acted willfully) under § 345(a) |
Employers may pay biweekly/semimonthly after notice, or up to 13 days out under a collective bargaining agreement (§ 342(a)(2)); a special school-district payroll-withholding election exists for school employees (§ 342(a)(3)); failure to pay a contractually-promised BENEFIT (not wages) draws a separate knowing-and-willful civil penalty after a 30-day grace period (§ 345(b)) |
| Virginia verified 2026-10-06 | Virginia's Payment of Wages Act, Va. Code § 40.1-29, most recently and substantially rewritten by 2026 Va. Acts ch. 1040 (HB 238), effective July 1, 2026 |
All wages due for work performed before the separation must be paid on or before the date the employee would have been paid for that work had the employment not been terminated — the same rule applies whatever the reason for the termination (§ 40.1-29(B)) |
Identical rule to a discharge: all wages due are paid on or before the date the employee would have otherwise been paid had the job continued. Virginia draws no distinction based on whether the employee quit, resigned, or was let go, or on how much notice was given (§ 40.1-29(B)) |
Section 40.1-29(A) defines "wages" as remuneration an employer owes, including hourly pay, salary, overtime, commissions, tips, and bonuses. Its list is illustrative; § 40.1-29 does not expressly impose a vacation or PTO payout on separation. Check the employment terms to determine what remuneration is owed |
Wages may be paid in U.S. currency, by check payable at face value on demand, by electronic transfer into an account the employee designates, or by a prepaid debit card the employer arranges (with full written fee disclosure and, for most employees, the employee's affirmative consent) that allows at least one free full withdrawal per pay period (§ 40.1-29(C)). No part of wages may be withheld except for taxes or with the employee's written, signed authorization (§ 40.1-29(D)) |
No automatic daily-accrual penalty. An employer that fails to pay wages owes the unpaid wages plus an equal amount as liquidated (double) damages, plus interest at 8% a year from the date the wages were due (§ 40.1-29(H)); if a court finds the failure was "knowing," it instead triples the wages owed, plus attorney's fees and costs (§ 40.1-29(K)). Willful, intentional nonpayment (absent a bona fide pay dispute) is also a crime — a Class 1 misdemeanor if the unpaid wages total under $10,000, a Class 6 felony at $10,000 or more or on a second or later conviction (§ 40.1-29(F)) — and the Commissioner can separately assess a civil penalty of up to $1,000 per violation (§ 40.1-29(I)). A good-faith defense effective July 1, 2026 blocks additional damages or penalties if the employer had reasonable grounds to believe it wasn't violating the law and cures the violation within 14 days of notice (§ 40.1-29(P)) |
An employee may sue individually, jointly with other employees, or as a collective action for the unpaid wages, liquidated damages, interest, and attorney's fees and costs — tripled if the employer's failure was knowing (§ 40.1-29(K)). The Commissioner of Labor and Industry can also investigate a complaint, pursue administrative proceedings, or refer the matter to the Attorney General for civil enforcement (§ 40.1-29(G), (N)); an action must be commenced within three years (§ 40.1-29(M)) |
Executive personnel are exempt from the regular-pay-period-and-rate requirement entirely. Work-study students and employees earning more than 150% of the Commonwealth's average weekly wage can be paid just once a month, by agreement, instead of the usual twice-a-month minimum (§ 40.1-29(B)). Effective July 1, 2026, general contractors on construction contracts entered on or after that date are made statutory "employers," jointly and severally liable for a subcontractor's unpaid wages — a liability expansion layered on top of the ordinary final-pay rules, not a change to the deadline itself |
| Washington verified 2026-10-06 | Washington's Wages — Payment — Collection chapter, RCW 49.48 (the deadline is RCW 49.48.010(2)), together with the Wage Rebate Act, RCW 49.52.050 and .070 (willful-underpayment penalties). The administrative wage-complaint process, RCW 49.48.082–.087, was substantially rewritten by 2026 c. 53 (2SHB 2479) and 2026 c. 176 (SB 6058), both effective June 11, 2026 and already in force |
"When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period" — a discharge doesn't get a faster deadline than the employee's regular payday (RCW 49.48.010(2)) |
The identical rule applies to a voluntary quit — paid at the end of the established pay period, the same as a discharge. One narrow carve-out: workers in an industry that normally involves working interchangeably for several employers can be paid under a cooperative weekly-payday plan instead, once the employers have given 10 days' notice of the plan to the Department of Labor and Industries (RCW 49.48.010(2)) |
RCW 49.48.010 does not itself specify a vacation payout. RCW 49.46.010(9) defines a wage as compensation due by reason of employment; whether vacation is due calls for the underlying employment terms |
The statute addresses payment instruments rather than a full menu of methods: wages may be paid in cash or by check/order convertible into cash on demand at full face value; if an employer pays with an instrument that later bounces for nonsufficient funds, the employer must reimburse the employee's bank fee for the dishonored instrument, as long as the employee presents it within 30 days of receiving it (RCW 49.48.010(1)) |
No automatic per-day accrual. Violating the pay-period deadline is itself a misdemeanor (RCW 49.48.020). Separately, an employer who willfully and with intent to deprive an employee of wages pays less than legally owed is liable in a civil action for twice the unpaid wages as exemplary damages, plus costs and attorney's fees (RCW 49.52.070); a successful wage lawsuit exceeding the amount the employer admits owing also carries reasonable attorney's fees (RCW 49.48.030). On the administrative side, the Department of Labor and Industries can order payment of the wages plus 1% monthly interest, and — for a willful violation — a civil penalty under RCW 49.48.083. Three 2026 acts amended that section without referring to one another: ch. 53 sets a $1,500 or 10% floor and deletes the former $20,000 cap, while ch. 176 retains a $1,000 or 10% floor and a $20,000 cap. The Reviser publishes separate versions, so the precise penalty range is unresolved |
An employee can sue directly in court for the wages, double exemplary damages for a willful violation, and attorney's fees, or file a written wage complaint with the Department of Labor and Industries, which investigates and issues either a citation and notice of assessment or a determination of compliance, generally within 60 days (RCW 49.48.083). The Department can also take an assignment of a wage claim and prosecute it for an employee who can't afford counsel (RCW 49.48.040). The statute of limitations is three years, tolled while a wage complaint is pending with the Department |
The cooperative multi-employer weekly-payday plan described above is the one fixed-schedule exception to the end-of-pay-period rule. On the penalty side, the Department may not assess a civil penalty if the employer reasonably relied on a department rule, written ruling, or filed interpretive policy, and (unless the employer is a repeat or frequent violator) the Department must waive the penalty if the employer pays all wages and interest owed within 10 business days of receiving the citation (RCW 49.48.083) |
| West Virginia verified 2026-10-06 | West Virginia Wage Payment and Collection Act, W. Va. Code §§ 21-5-1 to -19; final-pay timing is § 21-5-4. |
Discharge: next regular payday on which wages would be due (§ 21-5-4(b)); layoff or labor-dispute suspension: next regular payday (§ 21-5-4(d)). |
Next regular payday on which wages would be due (§ 21-5-4(b)). |
Accrued fringe benefits capable of calculation and payable directly count as wages; vacation is listed, subject to a valid agreement and any later payment terms (§§ 21-5-1(c), (l), 21-5-4(b)). |
Cash order can include check, direct deposit, payroll card, or money order; final pay may go through regular channels or by mail on request, when postmark controls (§ 21-5-4(a), (c)). |
Twice the unpaid amount in liquidated damages in addition to wages (§ 21-5-4(e)); ordinarily written demand and seven calendar days to cure before seeking damages (§ 21-5-4a). |
Employee or Commissioner of Labor may sue for unpaid wages; a judgment may include costs and reasonable attorney fees, subject to the § 21-5-4a demand rule (§ 21-5-12). |
Limited final-wage withholding for unreturned employer property worth over $100 requires a qualifying written agreement and notice, with a return period of no more than 10 business days (§ 21-5-4(f)). |
| Wisconsin verified 2026-10-06 | Wis. Stat. ch. 109, Wage Payments, Claims and Collections; §§ 109.03, 109.09, and 109.11 govern timing, claims, and increased wages. |
Ordinary discharge: earlier of next regular payday or six days after payment demand (§ 109.03(1)-(2)); specified business closure or relocation: 24 hours (§ 109.03(4)). |
Earlier of next regular payday or six days after payment demand (§ 109.03(1)-(2)). |
Vacation pay is within “wages” when agreed with the employee or provided by established employer policy (§ 109.01(3)). |
For the business-closing rule, unpaid wages are due at the usual place of payment (§ 109.03(4)); the cited separation provision does not add a special delivery method. |
Department may require up to 50% increased wages; court may order up to 50% or, after Department investigation, up to 100% (§ 109.11(1)-(2)); intentional nonpayment can trigger § 109.11(3). |
DWD may investigate a wage claim filed within two years after wages become due (§ 109.09(1)); an employee may sue directly without first filing a claim (§ 109.03(5)). |
Section 109.03(2) excludes commission-basis sales agents and employees with a written definite-term contract from its separation rule; § 109.015 limits when a franchisor is the employer. |
| Wyoming verified 2026-10-06 | Wyoming Statutes Title 27, ch. 4 (Wages); the separation deadline is W.S. § 27-4-104 |
No later than the employer's usual practice on regularly scheduled payroll dates, or a time set by a collective bargaining agreement (§ 27-4-104(a)): the same rule as a quit, no accelerated discharge-specific deadline. A genuinely TEMPORARY layoff or labor-dispute work suspension instead gets the next-regular-payday rule under the separate § 27-4-101(d) |
Identical rule as a discharge: no later than the employer's usual regularly-scheduled payroll date (§ 27-4-104(a)); no notice-contingent split |
Presumptively mandatory: the collection chapter's own "wages" definition includes vacation leave UNLESS the employer has a WRITTEN forfeiture policy that the employee has ACKNOWLEDGED IN WRITING (§ 27-4-501(a)(iii)); absent either condition, unused vacation is owed at separation like any other wage |
Lawful U.S. money, or a check or draft cashable at a bank (§ 27-4-104(a)); direct deposit is allowed for wages generally with the employee's voluntary authorization (§ 27-4-101(b)) |
No automatic liquidated-damages multiplier or daily accrual: a court that finds wages justly due MUST award 18% annual interest from the date of discharge or termination, plus a reasonable attorney's fee and all costs of suit (§ 27-4-104(b)); separately, a willful violation is a misdemeanor fined $500-$750 per offense (§ 27-4-105) |
A private civil suit (mandatory 18% interest + attorney's fees, § 27-4-104(b)), or an administrative wage claim with the Dept. of Workforce Services capped at 2 months' wages (or the Bankruptcy Code cap for bankruptcy claims), with a hearing-officer process and county-attorney-assisted court collection (§§ 27-4-502(a), 27-4-504); an employer that ignores a collection order faces its own $200/day civil fine (§ 27-4-504(d)); the criminal misdemeanor track under § 27-4-105 runs independently and doesn't preclude the civil suit |
Commission sales agents whose net pay isn't determinable without an audit are excluded from § 27-4-104 entirely (§ 27-4-104(a)); the employer may offset amounts the employee owes it against final wages (§ 27-4-104(a)); retaliation against an employee who files a wage claim draws liquidated damages equal to the lost wages, on top of reinstatement/promotion relief (§ 27-4-502(b)) |
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