When your last paycheck is late, the rules are not the same everywhere.
Some states make the employer pay the day they let you go. Some give them until the next payday. Only a few charge a penalty for running late. Pick your state and see which one you are in.
They must pay you by
Tuesday, September 15, 2026
Due immediately, on your last day.
What you are owed
Unpaid straight time38.00 hrs at $22.00
$836.00
Unpaid overtime1.5× rate
$132.00
Unused PTORequired in California
$704.00
Commission or bonusPaid with final wages
$0.00
Gross owed$1,672.00
If they miss the deadlineCalifornia adds your daily wage as a penalty for each day late, up to 30 days.
Final paycheck deadlines by state
Four different kinds of deadline exist, and most states are not the kind people assume.
| State | If fired | If you quit | PTO payout | Late penalty |
|---|---|---|---|---|
| California | Immediately | Within 72 hours (last day, with 72 hours' notice) | Required | Up to 30 days of wages |
| District of Columbia | Next working day | Next payday or 7 days, whichever is earlier | Per written policy | 10% per working day, up to 3× wages |
| Illinois | Next payday | Next payday | Required | Wage claim, 1-year limit |
| Maryland | Next payday | Next payday | Owed unless notified in writing of forfeiture | Up to 3× wages (court-awarded) |
| Montana | Immediately (unless a written policy extends it) | Next payday or 15 days, whichever is first | Required | Up to 110% of unpaid wages |
| New Jersey | Next payday | Next payday | Per written policy | Liquidated damages (multiplier pending verification) |
| New York | Next payday | Next payday | Per written policy | Wage claim |
| North Carolina | Next payday | Next payday | Owed unless notified in writing of forfeiture | Liquidated damages equal to unpaid wages |
| Ohio | Semimonthly schedule | Semimonthly schedule | Per written policy | Liquidated damages (amount pending verification) |
| Oregon | End of the next business day | 5 business days or next payday, whichever is first | Per written policy | 8 hours' pay per day late, up to 30 days |
| Pennsylvania | Next payday | Next payday | Per written policy | 25% or $500, whichever is greater |
| Texas | 6 calendar days | Next payday | Per written policy | Wage claim, 180-day limit |
| Vermont | Within 72 hours | Next regular payday (or the following Friday) | Per written policy | 2× wages if still unpaid when you sue |
| Virginia | Next payday | Next payday | Per written policy | An equal amount plus 8% interest; triple if knowing |
| Washington | End of the pay period (next payday) | End of the pay period (next payday) | Per written policy | Double damages if willful (court-awarded) |
What to do if it is late
In order, cheapest first.
- Ask in writing. Email beats a phone call because it creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in your state.
- File a wage claim with your state labor department. It is free and you do not need a lawyer.
- Small claims court, if the amount is inside your state's limit.