It's important to follow your state's laws when it comes to issuing a final paycheck to an employee who leaves your company. Regardless of whether you fire an employee, or they quit, you must give them their last paycheck that should include any wages earned, commissions, any accrued vacation pay, and bonuses etc.
Although last paycheck laws vary from state to state, paying a terminated employee's final paycheck on the last day of their employment can simplify your responsibilities. This will save you the hassle of mailing or having the employee pick up the paycheck later.
State’s Laws
There is no federal final paycheck law that requires employers to give employees their wages immediately. However, some states require employers to pay a terminated employee's last paycheck immediately or within a specified time frame, such as the next payday. Depending on whether the employee was fired or quit, some states have different final paycheck laws.
Below is a summary of each state's final paycheck laws, with links to the statutes. Please review the federal wage and hour guidelines if your state does not have its own final paycheck law.
|
State |
Final Paycheck Deadline for Fired Employees |
Final Paycheck Deadline for Employees Who Quit |
|
Alabama |
No law. |
No law. |
|
Within 3 working days after the termination. |
Next regular payday that’s at least 3 working days after the employee’s last day. |
|
|
Within 7 working days or the next regular payday (whichever comes first) after the termination. |
Next regular payday. |
|
|
Next regular payday (If the employer fails to make payment within 7 days of the next regular payday then the employer shall owe the employee double the wages due). |
Next regular payday. |
|
|
Immediately at the time of termination (with exceptions for seasonal employees in certain industries). |
Within 72 hours after the termination. However, if an employee has given more than 72 hours' notice, a final check must be given immediately. |
|
|
Immediately (with some exceptions). |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday or within 7 days of resignation date, whichever is earlier. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Florida |
No law. |
No law. |
|
Georgia |
No law. |
No law. |
|
Immediately, or next working day. |
Next regular payday, or immediately if the employee gave at least one pay period’s advance notice. |
|
|
Next regular payday or 10 business days, whichever is earlier. |
Next regular payday or 10 business days, whichever is earlier. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday or within 14 days, whichever occurs later. |
Next regular payday or within 14 days, whichever occurs later. |
|
|
Next regular payday or within 15 days, whichever occurs earlier. |
Next regular payday or within 15 days, whichever occurs earlier. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Immediately (with some exceptions). |
Next regular payday. |
|
|
Next regular payday (with exceptions for certain industries). |
Next regular payday. |
|
|
Immediately. |
Next regular payday. If the payday is within 5 days of the last day of work, employers have up to 20 days. |
|
|
Mississippi |
No law. |
No law. |
|
Immediately. |
No law. |
|
|
Immediately, The employer has the option of maintaining a written policy that extends this time to the next scheduled payday or within 15 days, whichever is earlier. |
Next regular payday or 15 days, whichever is earlier. |
|
|
Next regular payday or within 2 weeks, whichever is earlier. |
Next regular payday or within 2 weeks, whichever is earlier. |
|
|
Immediately. |
Next regular payday or within 7 days, whichever is earlier. |
|
|
Within 72 hours, if employee is laid off, final check may be given on the next scheduled payday. |
Next regular payday or within 72 hours (if the employee gave at least one pay period's notice). |
|
|
Next regular payday. |
Next regular payday. |
|
|
Within 5 days. |
Next regular payday or within 5 days, whichever is earlier. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday or within 15 days, whichever is earlier. |
Next regular payday or within 15 days, whichever is earlier. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next business day. |
On the last day of employment if the employee gave 48 hours notice; within 5 working days or the next regular payday (whichever comes first) if employees did not give 48 hours notice. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Within 48 hours or next regular payday, not exceeding 30 days. |
Within 48 hours or next regular payday, not exceeding 30 days. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday or within 21 days, whichever occurs last. |
Next regular payday or within 21 days, whichever occurs last. |
|
|
Within 6 calendar days. |
Next regular payday. |
|
|
Within 24 hours. |
Next regular payday. |
|
|
Within 72 hours. |
Next regular payday or the following Friday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
|
|
Next regular payday. |
Next regular payday. |
Note: State laws are always subject to change through new legislation, court rulings (including federal decisions), ballot initiatives, and other means. Please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Although we strive to provide the most current information available, there may be updates to the law(s) at any time.