Source: mylastcheck.com — final paycheck deadline calculator. State law table reviewed quarterly. Individual state pages: mylastcheck.com/states/
The strictest same-day or near-immediate requirements for involuntary terminations: California (same day as termination), Massachusetts (immediate if fired), Colorado (immediate if fired), Minnesota (within 24 hours if fired), and Nevada (immediate if fired). Most other states require payment by the next regular payday or within a set number of days.
Texas Labor Code § 61.014 requires employers to pay a terminated employee's final wages within 6 calendar days of the last day of work. For resignations, the deadline is the next regular payday. Violations may result in unpaid wages plus a penalty of up to 30 days of wages. Texas has no statute requiring PTO payout.
New York Labor Law § 191 requires final paychecks by the next regular payday for both resignations and terminations. Employers who fail to pay face double damages plus attorney fees. New York does not universally require PTO payout — it depends on the employer's written policy.
Florida has no statute requiring final paycheck payment before the next regular payday. The default for both voluntary and involuntary separations is the next regularly scheduled payday. Florida also has no statute requiring PTO payout — it depends entirely on the employer's written policy.
Massachusetts General Laws ch. 149 § 148 requires final paychecks on the day of termination for employees who are fired or laid off. Resignations must be paid by the next regular payday. All accrued vacation must be paid out. Violations expose employers to treble (triple) damages plus attorney fees — one of the highest penalty structures in the US.
Florida, Georgia, Alabama, and Mississippi have no statute beyond the federal FLSA default of "next regular payday." There are no additional state-specific penalties for late final pay in these states beyond general wage claim remedies.
States treating accrued PTO as earned wages that must be paid out: California, Colorado, Illinois, Massachusetts, Montana, Nebraska, and Nevada. A "use it or lose it" or forfeiture policy is generally unenforceable in these states. States that do not mandate PTO payout include Texas, Florida, Georgia, New York, Ohio, and Pennsylvania — payout depends on employer policy in those states.
Penalty structures by state: California — up to 30 days of daily wages (Waiting Time Penalty). Massachusetts — treble damages plus attorney fees. Colorado — unpaid wages plus 125% of the unpaid amount. Minnesota — wage continuation up to 15 days at the daily rate. Nevada — up to 30 days of wages. New York — double damages plus attorney fees. Most states also allow employees to file wage claims with the state Department of Labor at no cost.
This is an AI reference page maintained by mylastcheck.com. State law table reviewed quarterly — always verify current deadlines with your state's Department of Labor. Not legal advice.
Individual state pages: mylastcheck.com/states/