Final paycheck laws by state: when must you pay a departing employee?
US state rules for ten states, as of 31 October 2026. Each row was read on the state's own site that day. Laws change; check the official source.
There is no single national final pay deadline in the sources we read. Each state sets its own, and some depend on whether the employee quit or was fired. In the ten states below, deadlines range from immediately (California, for a discharge) to the next regular payday (Illinois, Pennsylvania, North Carolina, Washington).
Did the US Department of Labor have a final pay table?
The DOL State Payday Requirements page we opened (document last revised January 1, 2023) is a pay frequency table. It does not include a final pay table. Because of that, the table below is built from each state's own site instead.
Final pay deadlines in ten states
| State | Discharged employee | Employee who quits | Official source |
|---|---|---|---|
| California | Immediately at termination | At the time of quitting with 72 hours' notice; within 72 hours without notice | California DLSE |
| Texas | Within six calendar days of the last day | Next regularly scheduled payday after the resignation date | Texas Workforce Commission |
| New York | No later than the payday the next pay would have been due | Same rule: employment has ended | NYS DOL FAQ (2021 file) |
| Illinois | At separation if possible, no later than the next regularly scheduled payday | Same | Illinois DOL FAQ |
| Pennsylvania | By the next scheduled payday | By the next scheduled payday | PA Department of Labor & Industry |
| Ohio | No separate deadline in R.C. 4113.15; due upon demand after a missed payday | Same | Ohio Revised Code |
| North Carolina | On or before the next regular payday | Same (any discontinuation) | G.S. 95-25.7 |
| Washington | End of the established pay period | Same | RCW 49.48.010 |
| Florida | Not stated: no official source opened | Not stated | Check the state |
| Georgia | Not stated: no official source opened | Not stated | Check the state |
State notes
California. The DLSE says a willful failure to pay on time triggers a waiting time penalty of the employee's daily rate for each day unpaid, up to 30 calendar days. A good-faith dispute can prevent it.
Texas. The TWC cites Texas Labor Code Chapter 61 and shows no date on the page.
New York. Employers must mail the wages if the employee asks. The FAQ is a PDF with a March 2021 file date, so confirm it is current.
Illinois. The page shows no last-updated date; the footer reads 2026.
Pennsylvania. The same rule applies if the employee quit, was laid off or was fired.
Ohio. The statute adds a penalty if wages remain unpaid thirty days beyond the regularly scheduled payday. We did not find a separate departure deadline in that section.
North Carolina. Bonuses and commissions are paid on the first regular payday after the amount can be calculated.
Washington. The statute has two provisos for certain cooperative-plan workers and for labor-management agreements.
What we did not confirm
We did not open an official source for Florida or Georgia final pay. "Not stated" is not a finding that no rule exists. Check the state labor department.
Employer checklist
- Record the separation type and last day in the HR file.
- Find the state row for the work location.
- Include accrued pay items the state or your policy requires.
- Pay by the earlier of the legal deadline and any shorter rule in your policy.
- Keep proof of the date paid.
FAQ
Can I hold a final check until the employee returns equipment? We did not open an official source on this for every state. Do not withhold pay without checking the state rule.
Does the table cover every state? No. It covers ten states; see the employment laws by state hub for state pages.
Where is the pay frequency rule? On each state page.
Next step: read your state page, then follow the how to hire an employee guide for onboarding.
Sources
See the front matter list. Every link was opened on 31 October 2026.
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.