Final Paycheck Laws by State: When Final Pay Is Due

Federal law sets no deadline

The Department of Labor (DOL) says employers are not required by federal law to give former employees their final paycheck immediately. Some states do require it. If a former employee has not been paid by the regular payday, they can contact DOL or their state labor department.

Most states treat a firing or layoff differently from a resignation, so the first question is always who ended the job, and when.

Final pay deadlines in 10 states

When final wages are due
State	You end the employment	The employee quits
California	Immediately at the time of termination, including accrued vacation	At the time of quitting if they gave at least 72 hours’ notice; within 72 hours if they did not (for employees without a fixed-term contract)
New York	By the regular payday for the pay period in which employment ended	Same. Mail it if the employee asks.
Texas	Within 6 calendar days of discharge	On the next regularly scheduled payday after the resignation date
Washington	On or before the next regularly scheduled payday	On or before the next regularly scheduled payday
Massachusetts	In full on the day of discharge	On the next regular payday
Colorado	Immediately. If the payroll unit is not scheduled to be working, within 6 hours of the start of its next regular workday (24 hours if it is off-site)	By the next regular payday
Illinois	By the next regularly scheduled payday, including earned vacation, bonuses and commissions	By the next regularly scheduled payday
Florida	DOL lists no state payday rules for Florida, so federal rules apply: pay by the next regular payday	Same as when you end the employment
New Jersey	By the next regular payday for the pay period, whether the employee quit or was fired	Same as when you end the employment
Georgia	Georgia's Department of Labor points to the FLSA and sets no separate deadline: pay by the next regular payday	Same as when you end the employment

More detail is on each state page: California, New York, Texas, Washington, Massachusetts, Colorado, Illinois, Florida, New Jersey and Georgia.

What goes into the final paycheck

All regular wages through the last day worked.
Overtime earned in the final workweeks (see overtime rules).
Earned commissions and nondiscretionary bonuses. Illinois, for example, counts bonuses, vacation pay, wages and commissions as final compensation.
Unused vacation where state law or your written policy requires it. California, Colorado and Massachusetts treat earned vacation as wages (see unused PTO payout).
The usual tax withholding, since final wages are still wages.

Penalties for paying late

California is the strictest. An employer who willfully fails to pay final wages on time can owe a waiting time penalty equal to the employee's daily rate of pay for each day the wages stay unpaid, up to 30 calendar days. Other states have their own penalties and wage claim processes.

Do not hold a final paycheck until a laptop or badge comes back. Washington, for example, says employers cannot withhold a final paycheck because the employee has not returned keys, uniforms, tools or equipment. Recover property separately.

A checklist for the last day

Confirm whether this is a termination or a resignation, the last day worked, and the state where the employee works.
Look up that state’s deadline and put it on the calendar before the conversation, not after (see how to fire an employee).
Collect final hours, commissions and bonuses owed.
Check whether unused vacation must be paid out.
Arrange an off-cycle payroll run if the deadline falls before your next payday.
Deliver the pay the way state law allows, and keep a record of when it was paid.
Send the remaining exit steps, such as benefits continuation (see COBRA) and the offboarding checklist.

Common questions

Is there a federal law on when a final paycheck is due?

No. Federal law does not require employers to give former employees their final paycheck immediately. The deadline comes from state law.

Can I hold the final paycheck until the employee returns company property?

You should not. Washington says so directly, and in states with immediate or short deadlines, holding pay can trigger penalties. Recover property separately.

Does a layoff count as being fired for final pay purposes?

Generally yes. Colorado and Texas, for example, apply the same deadline to layoffs as to firings.

Does unused vacation go in the final paycheck?

In California, Colorado and Massachusetts, earned vacation is wages and must be included. Elsewhere it depends on state law and your written policy.

How MambaHR handles this

When someone leaves, MambaHR works out their final pay under that state's rules and sends it to a person to approve, removes their system access, drafts the separation paperwork and prepares the COBRA continuation notices. Terminations always go to a person, and every change is logged.

Book a demo See pricing

Sources

Last reviewed October 2, 2026. This page is general information, not legal advice. Laws change and exceptions apply, so check the sources above or an employment lawyer before you act on a specific case.