Last Pay and Final Check Guidelines That All HR Professionals Should Follow

April 28 2020 - Have you lost your job? Are you wondering when your last pay check will arrive?

Continue reading to learn about state rules regarding when an employer must pay you.

Purpose of a Pay Stub

Employers issue pay stubs that provide details about your wage. It serves as proof of income and the taxes paid and owed. You may receive a paper pay stub or via an electronic format.

Click here to create fake pay stubs.

Last Pay Rules

You may wonder, "how long does an employer have to pay you?" The federal law doesn't define when a former employee must get their final paycheck. Some states have mandated a timeframe that employers must follow.

Some states have mandated a timeframe that employers must follow. One important factor is whether you quit or were fired. The state may also require employers to pay for unused vacation time.

If you have trouble getting paid, contact the Department of Labor’s Wage and Hour Division or the State Labor Department. These agencies can help you recover back wages.

Final Paycheck Guidelines

Employers must give employees a paycheck for the wages earned during the last pay period. They may not withhold money even if you owe payment to the business. Businesses aren’t allowed to attach any condition to your receipt of the final paycheck.

If these rules aren't followed, employers can face legal action. This applies even if they weren't aware of the guidelines.

If You Quit

The following states direct employers to provide the final payment by the next scheduled payday.

• Alaska (that’s at least 3 days after the employee gives notice)
• Arizona
• Colorado
• Connecticut
• Delaware
• District of Columbia (or within 7 days)
• Hawaii (or immediately depending on the date of final notice)
• Idaho (or within 10 days or 48 hours if the employee makes a request in writing)
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky (or within 14 days)
• Louisiana (or within 15 days)
• Maine (or within 2 weeks)
• Maryland
• Massachusetts (or Saturday after resignation)
• Michigan
• Minnesota(or between 5 and 20 days after last day)
• Montana (or within 15 days)
• Nebraska (or within 2 weeks)
• Nevada (or within 72 hours if one pay period’s notice given)
• New Hampshire (or within 72 hours if one pay period’s notice given)
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio (or within 15 days)
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Texas
• Utah
• Vermont (or the next Friday)
• Virginia
• Washington
• Wisconsin
• Wyoming

Oregon employers must pay within 48 hours if the employee gave notice. Or, within 5 days if the employee didn’t give notice.

If You’re Fired

The following state rules vary between 3 and 15 days after termination.

• Alaska
• Arizona
• Arkansas
• Idaho
• Kentucky
• Louisiana
• Maine
• Nebraska
• New Hampshire
• New Mexico
• Texas
• Vermont

These states require immediate payment.

• California
• Colorado
• Hawaii
• Massachusetts
• Minnesota
• Missouri
• Montana (unless the employer has a 15-day policy)
• Nevada

States that require payment at the next payday include:

• Delaware
• Illinois
• Indiana
• Iowa
• Kansas
• Maryland
• Michigan
• Nebraska
• New Jersey
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Tennessee mandates that employers pay within 21 days. Connecticut and Oregon require payment the next day.

Do You Understand Human Resource Management?

Have you recently left a job and are concerned about when you will receive your last pay? Do you work in human resources and feel unsure about when you must pay employees upon their termination? This article has provided answers to these questions.

Bookmark our site today so you can use it as a resource to find more quick answers.

More Reward and Compensation Articles