Payment on Termination

Most states have a separate set of rules governing when employees must be paid when they separate from employment, either through discharge, layoff, or resignation. These requirements guarantee employees receive all the wages they have earned at or soon after their last day of employment. This table summarizes the state requirements regarding payment of wages upon termination of employment. The table contains generally applicable requirements, and employers should be alert for any provisions in the states where they operate that apply only to specific industries or groups of employees. Most states also have rules governing what must be included in an employees final wage payment (e.g., fringe benefits owed, commissions, etc.), and a few even require severance pay where the employer shuts down, is acquired, or moves out of state. The table also notes any different requirements for temporarily laid-off, suspended, or striking employees. For more information on state laws regulating payment of wages to terminated employees.

State Involuntary Termination Voluntary Resignation
Alabama No provision No provision
Alaska Within 3 working days By next regular payday at least 3 days after employer gets notice of resignation
Arizona Earlier of 3 working days or end of next regular pay period Next regular payday or by mail if employee requests
Arkansas Within 7 days No provision
California Immediately; within 72 hours for seasonal employees; within 24 hours for certain motion picture (by next payday if laid off) and oil drilling employees Within 72 hours; immediately if 72 hours’ notice of quit is given; strikers on next regular payday
Colorado Immediately or within 6 hours of payroll department becoming operational (by mail on request); next day if payroll is offsite Next regular payday
Connecticut Next business day; next regular payday if employee is suspended during labor dispute or laid off Next regular payday
Delaware Next regular payday; by mail on request Next regular payday; by mail on request
District of Columbia Next working day; within 4 days if responsible for employer’s money; next regular payday if suspended due to labor dispute Earlier of next regular payday or 7 days; 4 days if employee is responsible for employer’s money
Florida No provision No provision
Georgia No provision No provision
Hawaii Immediately; next working day if that is impossible; next regular payday if suspended due to labor dispute or temporarily laid off given Next regular payday (by mail on request); immediately if one pay period’s notice is
Idaho Earlier of 10 days or next regular payday (not counting weekends and holidays); within 48 hours of employee’s written request for payment Earlier of 10 days or next regular payday (not counting weekends and holidays); within 48 hours of employee’s written request for payment
Illinois Immediately if possible; if not, by next regular payday; next regular payday if suspended due to labor dispute or temporarily laid off Immediately if possible; if not, by next regular payday
Indiana Next regular payday Next regular payday
Iowa Next regular payday; 30 days for commissions Next regular payday; 30 days for commissions
Kansas Next regular payday; by mail on request Next regular payday; by mail on request
Kentucky Later of next regular payday or 14 days Later of next regular payday or 14 days
Louisiana Next regular payday or 15 days after termination, whichever is earlier Next regular payday or 15 days after termination, whichever is earlier
Maine Earlier of next regular payday or 14 days after demand for payment Earlier of next regular payday or 14 days after demand for payment
Maryland Next regular payday Next regular payday
Massachusetts Immediately Next regular payday; if there is none, the next Saturday
Michigan Immediately, or as soon as amount due determined When amount due is determined
Minnesota Immediately, or within 24 hours of demand Next regular payday; if payday is less than 5 days, then by second payday, but no more than 20 days after discharge.
Mississippi No provision No provision
Missouri Day of discharge; within 7 days if employee requests by mail No provision
Montana Immediately, unless employer’s written policy extends the time period to the next regular payday or 15 days from date of termination, whichever is earlier By next regular payday or 15 days from date of separation, whichever is earlier
Nebraska Earlier of next regular payday or 2 weeks Earlier of next regular payday or 2 weeks
Nevada Immediately Earlier of next regular payday or 2 weeks
New Hampshire Within 72 hours; next regular payday if suspended due to labor dispute or temporarily laid off Next regular payday (by mail if employee requests); within 72 hours if 1 pay period’s notice is given
New Jersey Next regular payday (by mail at employee’s request) Next regular payday (by mail at employee’s request)
New Mexico Within 5 days; 10 days for wages paid by commission, task, or piece rates; next regular payday if suspended due to labor dispute Next regular payday
New York Next regular payday (by mail if employee requests) Next regular payday (by mail if employee requests)
North Carolina Next regular payday (by mail if employee requests) Next regular payday (by mail if employee requests)
North Dakota Next regular payday or 15 days, whichever ss earlier; or by certified mail at employee’s address Next regular payday
Ohio No provision No provision
Oklahoma Next regular payday (by certified mail if employee requests) Next regular payday (by certified mail if employee requests)
Oregon By the end of the first business day after discharge or termination Earlier of next regular payday or 5 business days; immediately if 48 hours’ notice is given
Pennsylvania Next regular payday (by certified mail if employee requests) Next regular payday (by certified mail if employee requests)
Puerto Rico Next regular payday No provision
Rhode Island Next regular payday; within 24 hours if employer closes down, moves, or merges Next regular payday
South Carolina Within 48 hours or next regular payday (no more than 30 days) Within 48 hours or next regular payday (no more than 30 days)
South Dakota Next regular payday if all employer property is returned property is returned Next regular payday if all employer property is returned property is returned
Tennessee No later than 21 days or next regular payday No later than 21 days or next regular payday
Texas Within 6 days Next regular payday
Utah Within 24 hours Next regular payday
Vermont Within 72 hours Next regular payday; if there is none, next Friday
Virginia Next regular payday Next regular payday
Washington End of pay period End of pay period
West Virginia Within 72 hours; next regular payday if suspended due to labor dispute or temporarily laid off Next regular payday (by mail if requested); Immediately if 1 pay period’s notice is given
Wisconsin Next regular payday; within 24 hours if employer closes or moves Next regular payday
Wyoming Within 5 working days; next regular payday if suspended due to labor dispute or temporarily laid off Within 5 working days
Charles Read About Charles Read

Charles Read is a former U.S. Marine and combat veteran. He helped convert the joint military unified pay system in 1968 before becoming a Certified Public Accountant and launching a financial industry career spanning 35 years and involving the processing of more than $1 billion in payroll for small businesses across the country. He is the author of the book, “Starting a New Business: A Simple Guide to Financial, Tax and Accounting Consideration.” Charles is a member of the Texas Society of Certified Public Accountants and the American Institute of Certified Public Accountants (AICPA). He is a founding member of the Independent Payroll Processors Association (IPPA).