Final Paycheck Laws by State: When Your Last Check Is Due

No federal deadline

The Department of Labor is direct about it: employers are not required by federal law to give former employees their final paycheck immediately. Any deadline for the last check comes from the state where you worked. If your last regular payday has passed and you still have not been paid, the Department suggests contacting its Wage and Hour Division or your state labor department, and its page links to both.

Final paycheck deadlines in seven states

This table only covers states whose deadline we could confirm on the state labor department's page or in the state statute. Other states have rules too; they are left out because we could not open a primary source for them, not because they have none.

State	Fired or laid off	Quit	Unused vacation
Arizona	7 working days or end of next pay period, whichever is sooner	Regular payday for that pay period	Not stated
California	Immediately	72+ hours notice: last day; otherwise within 72 hours	Accrued vacation included
Illinois	At separation if possible, no later than next regular payday	Same as fired	Earned vacation included
Minnesota	Within 24 hours of a demand	First payday more than 5 days after quitting, within 20 days	Company policy decides
New York	By the next regular payday	Same as fired	Not stated
Texas	Within 6 calendar days	Next regularly scheduled payday	Under a written policy
Washington	By the next regularly scheduled payday	Same as fired	Employer decides

"Not stated" means the page we checked does not address vacation, not that the state has no rule. In Texas, final pay includes fringe benefits payable under a written policy; whether vacation is one of them depends on that policy. In New York the employer must mail the final wages if the employee asks.

Quit vs fired

The split matters most in California, Texas, Arizona and Minnesota.

California pays a discharged employee immediately at the time of termination. An employee who quits with at least 72 hours' notice is paid at the time of quitting; one who quits with less notice is paid within 72 hours.
Texas gives the employer six calendar days after a discharge, layoff or other involuntary separation. A resignation or retirement is paid on the next regularly scheduled payday. The Texas Workforce Commission generally treats a "mutual agreement" separation as involuntary, though the facts can change that.
Arizona pays a discharged employee within seven working days or by the end of the next regular pay period, whichever comes first. An employee who quits is paid by the regular payday for the pay period in which the job ended.
Minnesota pays a discharged employee within 24 hours of a demand for the wages. An employee who quits is paid on the first payday more than five days after quitting, and no later than 20 days after the job ends. If the employee handled money or property, the employer gets ten extra calendar days to audit the accounts.

Illinois, New York and Washington use one rule for both: the next regular payday at the latest. Illinois adds that payment should be made at separation if possible.

Three worked due dates

Texas, fired. An employee is discharged on Friday, November 6, 2026. Six calendar days later is Thursday, November 12, 2026, the last day for the final check.

Minnesota, quit. An employee paid every other Friday quits on Wednesday, November 4, 2026. The next payday, Friday, November 6, 2026, is only two days away, so it is too soon. The final pay is due on the first payday more than five days out, Friday, November 20, 2026, which is 16 days after quitting and inside the 20-day limit.

California, quit without notice. An employee quits at 9:00 AM on Monday, November 2, 2026 without notice. The final pay is due within 72 hours, by 9:00 AM on Thursday, November 5, 2026. If a willful delay follows, the waiting time penalty is the daily rate for each late day, up to 30 days. At $24 an hour and 8 hours a day, the daily rate is $192, so the most it can reach is $5,760.

What the final check covers

The deadline applies to more than the last few days of hourly wages. In Illinois, final compensation covers wages, commissions and bonuses that are owed and unpaid, plus the money value of earned vacation and earned holidays. In Texas, final pay includes regular wages, fringe benefits payable under a written policy and any other parts of the pay. A commission or bonus can follow its own payout schedule there, but only if a written policy or agreement clearly defines one. If your last pay period mixes hourly time, overtime and a commission, check each part on the final pay stub rather than only the total.

Unused vacation

The Department of Labor says the Fair Labor Standards Act does not require payment for time not worked, such as vacations. A payout on leaving is therefore a question of state law and of the employer's own policy.

California: accrued vacation is part of the final wages and follows the same deadline.
Illinois: final compensation includes the money value of earned vacation and earned holidays, along with wages, commissions and bonuses owed.
Minnesota: company policy decides when benefits such as vacation, sick leave and severance are due, and they are payable within 30 days of that date.
Washington: vacation, severance and personal holidays are voluntary benefits, so the employer decides whether to pay them out.

Checking your last check

Add up the hours in your final pay period with the hours calculator, including the last partial week. If you worked more than 40 hours in a workweek, the overtime pay calculator shows the time-and-a-half part. The paycheck calculator then estimates take-home pay after taxes, which is what the last check should roughly show. For the line items, see paycheck deductions explained.

Note the date and how the job ended, in writing if you can: quit with notice, quit without notice, fired or laid off.
Ask in writing if the deadline passes. In Minnesota the 24-hour clock for a discharged employee starts with a demand.
Do not wait for returned equipment. Texas and Washington both say the check cannot be held for unreturned property.
File a wage claim with the state labor department if the money does not arrive. The Department of Labor's last paycheck page points to both federal and state offices.

Frequently asked questions

Is there a federal deadline for a final paycheck?

No. The Department of Labor says employers are not required by federal law to give former employees their final paycheck immediately. Some states require it. If your last regular payday has passed and you have not been paid, the Department suggests contacting its Wage and Hour Division or your state labor department.

Does it matter whether I quit or was fired?

In many states, yes. In California a fired employee is paid immediately, while someone who quits without notice is paid within 72 hours. In Texas a discharged employee is paid within 6 calendar days and one who quits by the next regularly scheduled payday. In Illinois, New York and Washington the deadline is the same either way.

Do I get paid for unused vacation when I leave?

It depends on the state. California and Illinois include accrued or earned vacation in final pay. Washington treats vacation as a voluntary benefit, so the employer decides. Minnesota says company policy decides when benefits like vacation are due. Federally, the Fair Labor Standards Act does not require pay for time not worked, such as vacations.

Can my employer hold my last check until I return equipment?

Not in Texas or Washington, the two states in this guide whose labor departments address it directly. Both say a final paycheck cannot be held back past the deadline because keys, uniforms, tools or similar property were not returned.

What happens if a California employer pays late?

If the delay is willful, the employer can owe a waiting time penalty equal to the employee's daily rate of pay for each day the wages stay unpaid, up to 30 calendar days. At $24 an hour and 8 hours a day, that is up to $5,760 on top of the wages.

Sources

General information based on the sources above, not tax, legal or financial advice.

Written by Tobias. Updated November 2, 2026.