Federal law does not set a specific deadline for a final paycheck, but every state has its own rules. Deadlines range from immediately to the next regular payday.
What state laws decide
Some states require final pay on the last day of work, especially if you are fired. Others allow until the next scheduled payday. Many states treat quitting and being fired differently, and some require you to give notice before leaving. Check your state labor department's website for the rule that applies to you.
What may be owed
- All earned wages up to your last day.
- Overtime and commissions already earned.
- Accrued vacation or paid time off in states that require payout.
- Expense reimbursements promised under policy.
Deductions
Employers cannot generally take deductions that are not allowed by law or authorized in writing, and many states restrict deductions for uniforms, cash shortages or unreturned equipment. An employer cannot deduct below minimum wage for most such items.
If your final pay is late
- Ask your employer in writing for the payment and the date.
- Keep pay stubs, schedules and messages.
- File a wage claim with your state labor agency, which is usually free.
- Contact the U.S. Department of Labor Wage and Hour Division for federal minimum wage and overtime issues.
- Consider an employment attorney or small claims court. Some states add penalties for late final pay.
Frequently asked questions
Can my employer hold my paycheck until I return equipment?
Generally no. Employers cannot lawfully withhold earned wages as leverage, though they may have other ways to recover property.
Is accrued vacation always paid out?
Not in every state. It depends on state law and company policy.