When does my final paycheck have to come?

Depends on your state and whether you were fired or resigned. California requires same-day for terminations. New York allows next regular payday. Check your state's labor department.

Do I get my unused vacation paid out?

Depends on state law and employer policy. California, Colorado, Massachusetts, Montana, Nebraska, North Dakota, Wyoming generally require payout. Many states leave it to employer policy.

What if my final paycheck is late?

File a wage claim with your state Department of Labor. Some states (CA notably) impose waiting-time penalties on the employer.

Final Paycheck Rules by State

Federal law has no specific deadline for paying a final paycheck. State laws fill the gap, with widely varying rules. The deadline depends on whether you were fired or resigned, and on your state.

PayslipIQ provides educational information and estimated calculations only. It does not provide tax, legal, financial, accounting, employment, benefits, or payroll advice. PayslipIQ is not a CPA firm, law firm, financial advisor, payroll provider, or tax authority. Always verify your paycheck, deductions, withholdings, and tax position with your employer's payroll department, a qualified CPA, the IRS, your state tax authority, or another appropriately qualified professional. Calculations are estimates; your actual paycheck may differ based on factors specific to your employer, location, benefits elections, and personal tax situation.

The federal floor

FLSA does not set a deadline for the final paycheck specifically. It just requires payment by the regular pay period schedule. State law usually goes further.

State variations

Roughly four buckets:

Same-day if fired. California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota (within 24 hours), Missouri, Montana, Nevada (3 days), Oregon, Texas (within 6 days), Utah (within 24 hours), Vermont, Wyoming.
Next regular payday. Florida, Georgia, Iowa, Maryland, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Virginia, West Virginia.
Specific time window. Alaska, Arizona, Delaware, Idaho, Indiana, Kentucky, Louisiana, Maine, Michigan, Mississippi, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Rhode Island, South Dakota, Tennessee, Washington, Wisconsin.
Whatever the employer's regular schedule. Few states.

Resignation vs termination

Most state laws give a longer window for voluntary resignation than for termination. The reasoning: a fired employee may not have access to direct deposit accounts and needs faster cash.

What is included

Final paycheck must include:

All earned wages through the last day worked.
Accrued vacation or PTO that the company policy or state law treats as wages.
Earned commissions and bonuses (if vested).
Any owed overtime.

If your final paycheck is late

File a wage claim with your state Department of Labor. Many states impose waiting-time penalties (e.g., California adds the daily wage as a penalty for each day late, up to 30 days).

Frequently asked questions

When does my final paycheck have to come?: Depends on your state and whether you were fired or resigned. California requires same-day for terminations. New York allows next regular payday. Check your state's labor department.
Do I get my unused vacation paid out?: Depends on state law and employer policy. California, Colorado, Massachusetts, Montana, Nebraska, North Dakota, Wyoming generally require payout. Many states leave it to employer policy.
What if my final paycheck is late?: File a wage claim with your state Department of Labor. Some states (CA notably) impose waiting-time penalties on the employer.