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When Must Final Wage Payments Be Made to Terminated Employees

September 24, 1999
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Related Topics: Finance/Taxes, Termination, Featured Article
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Issue: Employees can be terminated for a number of reasons. Whether an employee is discharged, quits, or is separated from work due to a lay-off or strike, final wage payments must be timely made. Here is a state-by-state chart outlining when termination payments must be made:

Termination Payments Chart

STATE

TERMINATION PAYMENTS

Alabama

No provision.

Alaska

Within 3 days regardless of cause of termination. Next regular payday for laid-off or locked-out employees and strikers.

Arizona

Within 3 working days or next regular payday, whichever is earlier for discharged employees. Next regular payday when employee quits.

Arkansas

On date of discharge, or within 7 days on demand or request.

California

Immediately for discharged employees. Within 72 hours or immediately if 72 hours prior notice is given by quitting employee. Next regular payday for striking employees.

Colorado

Immediately for discharged employees. Next regular payday when employee quits or goes on strike.

Connecticut

Next business day for terminated employees. Next regular payday for an employee who quits, is suspended due to labor dispute, or who is laid off.

Delaware

Next regular payday.

D.C.

Next working day for discharged employees. Next regular payday or within 7 days after quitting, whichever is earlier, for an employee who quits.

Florida

No provision.

Georgia

No provision.

Hawaii

Immediately for terminated employees, or if unable to make immediate payment, then not later than the next working day. Next regular payday for employee who quits.

Idaho

Next regularly scheduled payday or within 10 days (weekends and holidays excluded) of layoff or voluntary or involuntary termination.

Illinois

Immediately or no later than next regular payday for separated employees. Next regular payday for striking employees.

Indiana

Next regular payday.

Iowa

Next regular payday.

Kansas

Next regular payday.

Kentucky

Later of next regular payday or within 14 days of discharge or quitting.

Louisiana

No later than three days after date of discharge. Next regular payday or no later than 15 days following date of resignation, whichever occurs first.

Maine

Earlier of next regular payday or no more than two weeks after demand for payment is made by discharged or quitting employees.

Maryland

Next regular payday.

Massachusetts

Immediately for discharged employees. Next regular payday, or if there is no regular payday, on the following Saturday, for quitting employees.

Michigan

Within four working days of discharge. Next regular payday for quitting employee.

Minnesota

Within 24 hours for discharged transitory laborers. Within 5 days for migrant workers. At time of discharge or on demand for discharged employees of public service corporations. For other employees, within 24 hours of demand for payment. Next regular payday for employees who quit, other than migrant workers, and for striking employees.

Mississippi

No provision.

Missouri

Immediately for discharged employees. Next regular payday for quitting employees.

Montana

Earlier of next regular payday or 15 days from separation. Immediately if discharged for cause.

Nebraska

Next regular payday or within two weeks of termination date, whichever is sooner.

Nevada

Immediately for discharged employees. Earlier of next regular payday or 7 days after the resignation for quitting employees.

New Hampshire

Within 72 hours for discharged employees. Next regular payday or within 72 hours if quitting employee gives at least one pay period's notice of intention to quit.

New Jersey

Next regular payday.

New Mexico

Within 5 days for discharged employees. Within 10 days for discharged employees paid by piece, task, or commission. Next regular payday for quitting employees.

New York

Next regular payday.

North Carolina

Next regular payday.

North Dakota

Earlier of 15 days after discharge or next regular payday for discharged employees. Next regular payday for quitting employees.

Ohio

No provision.

Oklahoma

Next regular payday.

Oregon

No later than the end of the first business day after discharge. Immediately, if quitting employee gives 48 hours' notice of intention to quit. Within 5 days or next regular payday, whichever occurs first, for quitting employee who does not give prior notice.

Pennsylvania

Next regular payday.

Puerto Rico

Next regular payday.

Rhode Island

Next regular payday.

South Carolina

Within 48 hours of separation or by the next regular payday, which may not exceed 30 days.

South Dakota

Next regular payday.

Tennessee

No provision.

Texas

No later then the sixth day after discharge. Next regular payday for all employees leaving employment other than by discharge.

Utah

Within 24 hours for discharged employees. Next regular payday for employees who quit.

Vermont

Within 72 hours of discharge. Next regular payday, or if no regular payday, then on next Friday after employee quits.

Virginia

Next regular payday.

Washington

Next regular payday.

West Virginia

Within 72 hours of discharge. Next regular payday for employees who quit or resign.

Wisconsin

Next regular payday or date required by law, whichever is earlier.

Wyoming

Within 5 days of date of termination if employee is discharged or quits.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

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