As most employers know, when an employee leaves your business, you must follow certain guidelines and rules, both Federal and State. Often there is an employee termination checklist.
One key responsibility is to provide terminated employees with their final pay, typically within a certain time period. In Nevada, ManagedPAY’s headquarters there is a 72 hour window to provide final paychecks, after that penalties and interest can be charged to the employer by the NV DOL (NERC).
Regardless of whether an employee quits or is terminated, the final pay is due. Below is a great state-by-state guideline to assist employers with the final pay rules.
Additionally, in the State of NV, it is typically illegal to with-hold the final pay for return of company equipment, uniforms, or other monies an employee may owe to the employer. Even with an agreement or salary advance agreement, NV does not allow for the employee to be paid what would equate to Less than minimum wage. For assistance on determining what you can deduct, we suggest you review your state specific law or contact your labor attorney to ensure you are correctly recapturing any monies due to the employer.
Individual states may have more restrictive final paycheck laws for some circumstances. In some states, employees can request earlier payment.
Severance pay is different than final pay and is typically not subject to the same rules as the final paycheck as it is often negotiated and under a separate agreement.
| State | Final Paycheck Deadline for Fired Employees | Final Paycheck Deadline for Employees Who Quit |
|---|---|---|
| Alabama | None | None |
| Alaska | 3 working days after employee’s last day | Next payday that is at least 3 working days after employee’s last day |
| Arizona | 7 working days after employee’s last day, or the next regular payday (whichever comes first) | Next payday |
| Arkansas | 7 days after termination | Next payday |
| California | Immediately | 72 hours after quitting |
| Colorado | Immediately | Next payday |
| Connecticut | Next working day | Next payday |
| Delaware | Next payday | Next payday |
| District of Columbia | Next working day | Next payday or within 7 days, whichever is earlier |
| Florida | None | None |
| Georgia | None | None |
| Hawaii | Immediately, or next working day | Next payday, or immediately if employee gave advance notice |
| Idaho | Next payday or 10 working days | Next payday or 10 working days |
| Illinois | Next payday | Next payday |
| Indiana | Next payday | Next payday |
| Iowa | Next payday | Next payday |
| Kansas | Next payday | Next payday |
| Kentucky | Next payday or 14 days, whichever is later | Next payday or 14 days, whichever is later |
| Louisiana | Next payday or 15 days, whichever is earlier | Next payday or 15 days, whichever is earlier |
| Maine | Next payday | Next payday |
| Maryland | Next payday | Next payday |
| Massachusetts | Next payday | Next payday |
| Michigan | Next payday | Next payday |
| Minnesota | Within 24 hours of demand | Next payday at least 5 days after employee’s last day, but no more than 20 days after final day |
| Mississippi | None | None |
| Missouri | Immediately | None |
| Montana | Immediately | None |
| Nebraska | Next payday or within 2 weeks, whichever is earlier | Next payday or within 2 weeks, whichever is earlier |
| Nevada | Within 3 days | Next payday or within 7 days, whichever is earlier |
| New Hampshire | Within 72 hours | Next payday |
| New Jersey | Next payday | Next payday |
| New Mexico | Within 5 days; task, piece, and commission wages due within 10 days | Within 5 days; task, piece, and commission wages due within 10 days |
| New York | Next payday | Next payday |
| North Carolina | Next payday | Next payday |
| North Dakota | Next payday | Next payday |
| Ohio | Next payday | Next payday |
| Oklahoma | Next payday | Next payday |
| Oregon | Next business day | Immediately if employee gave 48 hours notice; within 5 working days if employees did not give 48 hours notice |
| Pennsylvania | Next payday | Next payday |
| Rhode Island | Next payday | Next payday |
| South Carolina | Within 48 hours or next payday, not exceeding 30 days | Within 48 hours or next payday, not exceeding 30 days |
| South Dakota | Next payday | Next payday |
| Tennessee | Within 21 days | Within 21 days |
| Texas | Within 6 days | Next payday |
| Utah | Within 24 hours | Next payday |
| Vermont | Within 72 hours | Next payday |
| Virginia | Next payday | Next payday |
| Washington | Next payday | Next payday |
| West Virginia | Next payday | Next payday |
| Wisconsin | Next payday | Next payday |
| Wyoming | Next payday | Next payday |
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