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
Saturday, September 26, 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 |
|---|---|---|---|---|
| Alabama | No state law (next payday) | No state law (next payday) | Not required by state law | None |
| Alaska | Within 3 working days | Next payday at least 3 days after notice | Per written policy | Wages from demand, up to 90 working days |
| Arizona | 7 working days or next payday, whichever is sooner | Next regular payday | Per written policy | Treble damages in court |
| Arkansas | Next regular payday | No state rule (next payday) | Per written policy | Double wages if 7 days late |
| California | Immediately | Within 72 hours (last day, with 72 hours' notice) | Required | Waiting time penalty: up to 30 days of wages |
| Colorado | Immediately (6 hours if payroll is closed) | Next regular payday | Required | 2× wages or $1,000 after a 14-day demand |
| Connecticut | Next business day | Next regular payday | Per written policy | 2× wages in a lawsuit (1× if good faith) |
| Delaware | Next payday or 3 business days, whichever is later | Next payday or 3 business days, whichever is later | Per written policy | 10% per day, up to an amount equal to the 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 |
| Florida | No state law (next payday) | No state law (next payday) | Not required by state law | None |
| Georgia | No state law (next payday) | No state law (next payday) | Not required by state law | None |
| Hawaii | At discharge (next working day if impossible) | Next payday (at quitting, with a pay period's notice) | Per written policy | An equal amount plus 6% interest |
| Idaho | Next payday or 10 working days, whichever is first | Next payday or 10 working days, whichever is first | Not required by state law | Up to 15 days of wages, capped at $750 |
| Illinois | Next payday | Next payday | Required | Wage claim, 1-year limit |
| Indiana | Payday for the period you left | Next usual and regular payday | Per written policy | 2× wages if not in good faith (court-awarded) |
| Iowa | Next regular payday | Next regular payday | Per written policy | 5% a day after 7 days, capped at the wages |
| Kansas | Next regular payday | Next regular payday | Per written policy | 1% per day after day 8, up to 100% if willful |
| Kentucky | Next payday or 14 days, whichever is later | Next payday or 14 days, whichever is later | Per written policy | An equal amount as liquidated damages |
| Louisiana | Next payday or 15 days, whichever is first | Next payday or 15 days, whichever is first | Required | Up to 90 days' wages (from your demand) |
| Maine | Next established payday | Next established payday | Required | 2× unpaid wages plus interest (court-awarded) |
| Maryland | Next payday | Next payday | Owed unless notified in writing of forfeiture | Up to 3× wages (court-awarded) |
| Massachusetts | On the day of discharge | Next regular payday (or the following Saturday) | Required | 3× lost wages (court-awarded) |
| Michigan | Immediately — in practice the next scheduled payday | Next scheduled payday for that period | Per written policy | 10% a year, up to 2× if flagrant |
| Minnesota | Immediately on written demand (24 hours) | Next payday (at most 20 days) | Per written policy | Average daily pay per day, up to 15 days |
| Mississippi | No state law (next payday) | No state law (next payday) | Not required by state law | None |
| Missouri | On the day of discharge | No state rule (next payday) | Per written policy | Wages continue up to 60 days (after written request) |
| Montana | Immediately (unless a written policy extends it) | Next payday or 15 days, whichever is first | Required | Up to 110% of unpaid wages |
| Nebraska | Next payday or 2 weeks, whichever is sooner | Next payday or 2 weeks, whichever is sooner | Required | Wages, costs and attorney's fees in court |
| Nevada | Immediately | 7 days or next payday, whichever is first | Per written policy | Up to 30 days of wages |
| New Hampshire | Within 72 hours | Next payday (72 hours with notice) | Per written policy | 10% per day, up to an amount equal to the wages |
| New Jersey | Next payday | Next payday | Per written policy | Liquidated damages (multiplier pending verification) |
| New Mexico | 5 days (10 for commission or piece work) | Next succeeding payday | Per written policy | Wages continue up to 60 days (demand required) |
| 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 |
| North Dakota | Next regular payday (by certified mail) | Next regular payday | Owed unless notified in writing of forfeiture | Up to 30 days of wages |
| Ohio | Semimonthly schedule | Semimonthly schedule | Per written policy | Liquidated damages (amount pending verification) |
| Oklahoma | Next regular payday | Next regular payday | Per written policy | 2% per day, up to 100%, if willful |
| 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 |
| Rhode Island | Next regular payday (24 hours if the business closes) | Next regular payday | Required | 12% interest plus up to 2× wages |
| South Carolina | 48 hours or next payday, whichever is later | 48 hours or next payday, whichever is later | Per written policy | Up to 3× wages (court-awarded) |
| South Dakota | Next regular payday (once property is returned) | Next regular payday (once property is returned) | Per written policy | Double wages if malicious (court-awarded) |
| Tennessee | Next payday or 21 days, whichever is later | Next payday or 21 days, whichever is later | Per written policy | Wage claim |
| Texas | 6 calendar days | Next payday | Per written policy | Wage claim, 180-day limit |
| Utah | Within 24 hours | Next regular payday | Per written policy | Wages continue up to 60 days (written demand required) |
| 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) |
| West Virginia | Next regular payday | Next regular payday | Per written policy | 2× the unpaid wages as liquidated damages |
| Wisconsin | Regular pay schedule (next payday) | Regular pay schedule (next payday) | Per written policy | Up to 100% increased wages (court-awarded) |
| Wyoming | Next regular payday | Next regular payday | Owed unless notified in writing of forfeiture | 18% interest plus attorney's fees (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.