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View the pay requirements, deductions and termination rules in any state where you have employees.

Click a state below to view the wage and hour laws in that state.

WASHINGTON

Employers must pay employees at least monthly on regularly established paydays. Wages from up to seven days prior to payday may be withheld until the next payday. It is common to pay employees more frequently, such as weekly, bi-weekly or semi-monthly. If employees are paid more frequently than monthly, the pay date may be no later than 10 days from the last day of the pay period. Wages may be paid in cash, checks, or drafts that can be cashed without charge.

Employers are permitted to make deductions from an employee’s pay as follows: when required by state or federal law; or for medical, surgical, or hospital care or service; to satisfy a court order, judgment, wage attachment, trustee process, bankruptcy proceeding, or payroll deduction notice for child support payments; when the employee expressly authorizes the deduction in writing and in advance for a lawful purpose for the benefit of the employee, e.g. health insurance. These deductions may reduce the employee's gross wages below the state minimum wage.

An employer may make deductions from the final paycheck of an employee, only with the employee's approval, under certain circumstances: 1) The deduction may not reduce the employee's wages below the State minimum wage and 2) the incident that gives rise to the deduction must have occurred during the final pay period. If these conditions are met, the following deductions may be made:

  • for acceptance of a bad check or credit card where the employer can show the employee did not follow procedures previously made known to the employee
  • to recover cash shortage where it can be shown the employee had sole access and participated in before and after shift accountings of the cash drawer or container
  • to recover the cost of breakage, shortages, customer walkouts or equipment damage due to the employee's demonstrated dishonest or willful act
  • to recover for employee theft where the employer has filed a police report and can show the employee's intent to deprive

When an employee voluntarily or involuntarily terminates employment, final wages are due on the next regularly scheduled payday. If an employer’s policy provides for the payment for vacation time at the time of termination, it must be included with the final wages.

OREGON

Regular paydays must be established and maintained by every employer and must be at least every 35 days. It is common for employers to establish more frequent pay periods, such as semi-monthly, bi-weekly or weekly.

In general, deductions from wages are lawful only under the following four conditions:

  • The employer is required to do so by law (example: federal and state taxes, Social Security or a garnishment order)
  • The employee has authorized the deduction in writing, the deduction is for the employee's benefit
  • The employee has voluntarily authorized a deduction for any other item, such as a charitable contribution
  • The deduction is provided for in a collective bargaining agreement

Employers may make deductions for the fair market value of meals or lodging provided for the private benefit of the employee. If the employee does not participate in the meal program, no deductions may be made. Employers may not make deductions for the cost of breakage or losses. Additionally, employers may not make deductions from the minimum wage for uniforms, tools or their maintenance.

When an employee is discharged, all wages are due not later than the end of the next business day. If an employee requests that the final paycheck be mailed, the employer must mail it to any address designated by the employee.

If an employee resigns giving 48 hours or more notice, wages are due on the employee’s last day of work. If an employee resigns without giving at least 48 hours notice, wages are due in five days or on the next payday, whichever occurs first. There are other requirements for final paychecks for contract employees, seasonal farm workers, employees of fairs and those covered by a collective bargaining agreement.

Vacation pay is a matter of an employer’s policy and not required under state law. If the terms of an employer's written policy provide for payment for accrued but unused vacation time at termination, then that compensation should be included in an employee's final paycheck.

CALIFORNIA

Employers are required to pay employees at least semi-monthly. Payment for the first half of the month must be paid by the 26th of the month and payment for the second half of the month must be paid by the 10th of the following month. Exempt employees may be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month's salary, including the unearned portion between the date of payment and the last day of the month, is paid at that time. However, it is generally advisable to pay employees, exempt and non-exempt on the same frequency. Employers are required to post a Pay Day Notice informing employees of the time and place of payment.

Employers are permitted to make deductions from an employee’s pay for mandatory withholdings, e.g. state and federal taxes, garnishments; amounts authorized in advance by the employee and for the benefit of the employee, e.g. health benefits; and other amounts agreed to for pension contributions. Employers are prohibited from making deductions for spoilage, breakage or cash shortages.

If an employee is involuntarily terminated, their final wages must be paid at the time of termination. If an employee resigns and gives more than 72 hours notice, final wages must be paid on the final day of work. If the employee resigns and does not give 72 hours notice, payment must be made within 72 hours of time notice was given. In California, vacation is considered wages and any accrued time must be paid out at the time of termination.

NEVADA

Generally, an employer must establish pay dates corresponding with a semi-monthly pay period.

Wages earned before the first day of any month must be paid no later than 8:00 AM on the 15th day of the following month. Wages earned before the 16th day of any month are due not later than 8:00 AM on the last day of the same month. Employers may pay more frequently than semi-monthly, at their discretion.

Under state law, an employee’s wage, salary or compensation generally may not be reduced unless the employer provides the employee with at least seven days advance written notice of the decrease.

Employers may withhold from an employee’s wages any mandatory deductions required by state or federal law (e.g. taxes) or as required by a court order. Other deductions from an employee’s wages must be authorized in advance, in writing by the employee. Wages may be withheld for hospital association, savings or other association maintained for the benefit of the employee by the employer.

When an employer discharges an employee, final wages must be paid immediately. If an employee resigns his/her employment, final wages must be paid no later than the next regular payday or seven days after resignation, whichever is earlier.

To avoid potential wage and hour liability, final paychecks should generally include payment for any accrued but unused vacation time that the terminating employee may have, particularly if an employer has a policy or practice of making such payments.

IDAHO

Wages due must be paid to employees at least once during each calendar month on regular paydays designated in advance. Payment must be made no more than fifteen (15) days before following the close of a pay period. If the regular payday falls on a non-workday, payment shall be made on the preceding workday.

With the exception of mandatory deductions required by state and federal law (i.e. taxes), employers may not make any deductions from any employee’s check without the employee's prior written authorization. Also, an employer that has issued an employee a paycheck advance or draw against future wages may make wage deductions to recover those funds.

Employers must also furnish each employee with a written statement of deductions made from his or her wages for each pay period such deductions are made.

Upon resignation, layoff or termination, all wages due must be paid to the employee the earlier of the next regularly scheduled payday or within ten days of termination, weekends and holidays excluded. If the employee makes a written request for earlier payment of his wages, all wages must be paid within forty-eight hours, excluding weekends and holidays. A terminating employee's final paycheck should include payment for any accrued but unused vacation time.

MONTANA

Employers must notify employees of the date of paydays which may be no less often than semimonthly. Employees must be paid in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks. Wages must be paid no later than 10 business days after the end of the pay period.

Employers are permitted to make deductions from an employee’s pay as required by state and federal law for income taxes, Social Security or any other mandatory deductions. Other than mandatory withholdings, any deduction from an employee’s paycheck must be authorized, in advance and in writing by the employee. Employers may make reasonable deductions for board, room, and other incidentals supplied by the employer, whenever the deductions are a part of the conditions of employment. These deductions may not take an employee’s earnings below minimum wage.

Employers may not make wage deductions for shortages, damage or mistakes "caused by employee negligence during the course of his employment" or "caused by employee poor judgment."

Employees who are separated for cause or laid off from employment must be paid all unpaid wages immediately upon separation. An employer may establish a written personnel policy that extends the time for payment of final wages to the employee's next regular payday or 15 days from the separation, whichever occurs first.

When an employee voluntarily resigns all the unpaid wages of the employee are due and payable on the next regular payday after the last day of work or 15 days from the date of separation whichever occurs first. Payment may be made through the regular pay channels or by mail if requested by the employee. Regardless of the reason for separation, an employee’s final wage payment must include accrued but unused vacation provided by an employer’s policy.

WYOMING

Employers engaged in the operation of any railroad, mine, refinery and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop, must pay the employees semi-monthly according to the following schedule:

  • Work performed in the first half of the month must be paid by the 1st of the following month;
  • Work performed in the last half of the month, must be paid by the 15th of the following month.

Employers who do not fall within these industries should establish a regular pay period, generally no less frequently than semi-monthly. Pay periods and corresponding pay dates should be communicated to all employees.

In Wyoming, employers may make deductions for amounts required by state or federal law, e.g. taxes, or a garnishment from an employee’s wages. Employers’ may also make deductions for the following reasons in accordance with an established policy which outlines conditions under which a deduction will be made.

  • Cash register shortages
  • Destruction of the employer’s property
  • Repayment of advance wages
  • Repayment of a loan from an employer

 

When an employee is separated from employment, whether voluntary or involuntary, they must be paid their final wages within five working days of the date of termination.

If an employee has earned vacation days in accordance with an employer’s policy, the balance must be paid at the time of termination.

UTAH

Wages must be paid at least semimonthly and not more than 10 days following the close of the pay period (or on the preceding day when payday falls on a Saturday, Sunday, or legal holiday). Employers are required to notify all new hires of their rate of pay and the time and place of payment. Notice of the time and place of payment must be posted for all employees. Wages may be paid by cash or check, money order, or bank draft convertible to cash on demand at face value.

Employers may make deductions from employees' wages if the deductions are: required by court order or state or federal law; authorized by the employee in writing; or, supported by evidence from the employer that the deduction is warranted. An employer may not make a deduction for a specific uniform required as a condition of employment. However, the employer may assess a refundable deposit.

When an employer discharges an employee wages are due immediately and must be paid within 24 hours. When an employee voluntarily resigns from their employment wages are due on the next regular payday. If an employee is paid on a commission basis, wages are owed within 30 days of termination, or 14 days after a commission is due (if this is after the date of termination). Whether an employee is discharged or resigns voluntarily, the final paycheck must include compensation for all earned but unused vacation time.

COLORADO

In Colorado, employers must establish regular paydays which can be no longer than 30 days or one calendar month. Payment for wages earned in a pay period must be made no longer than ten days after the end of the pay period. Employers must post a notice, in a place the notice can be seen by employees, which specifies the regular paydays and the time and place paychecks will be made available.

An employer may generally not make any deduction that reduces the employee’s wages below minimum wage. Absent a written agreement to the contrary, employers may not deduct from an employee’s wages or compensation for the cost of damage or depreciation to the employer’s property. Employers are also prohibited from applying a fine to an employee’s earned wages or compensation based on an employee’s behavior or performance (for example, a deduction may not be made from the wages of a waitperson if the customer does not pay the bill in full).

When an employee resigns final wages are due the next regular payday, including any accrued vacation pay. The employer may make the final paycheck available at the worksite, the employer’s local office or mail it to the employee’s last known address.

When an employee is terminated, final wages are due immediately, including any accrued vacation pay. If the employers accounting unit is not available, wages must be paid no later than six hours into the following workday. If the payroll unit is offsite, the wages must be delivered within 24 hours of the beginning of the following workday. Delivery may be made to the worksite, the employer's local office or the employee's last known address.

ARIZONA

Employers must designate two or more days in each month, not more than sixteen days apart, as paydays for payment of wages to the employees. Employees must receive their pay no later than five days after the conclusion of the pay period. Overtime or exception pay shall be paid no later than sixteen days after the end of the most recent pay period.

An employer may make deductions from an employee’s wages as required by state or federal law; with prior written authorization from the employee; or if there is a reasonable good faith dispute as to the amount of wages due.

When an employee is discharged, they must be paid wages due within three working days or by the end of the next regular pay period, whichever is sooner. If the employee resigns, they must be paid no later than the next regular pay date. If requested by the employee, such wages may be paid by mail. An employee must be paid any accrued vacation at the time of termination if the employer has an oral or written policy or practice of doing so.

NEW MEXICO

Paydays must be designated by the employer and cannot be more than sixteen (16) days apart. The state outlines the semi-monthly pay dates as follows: payment no later than the 25th of the month for labor rendered from the 1st through the 15th; and, payment no later than the 10th of the month for labor rendered from the 16th through the end of the preceding month.

Employers may withhold from an employee’s wages any mandatory deductions required by state or federal law (e.g. taxes). Other deductions from an employee’s pay require advance written authorization.

A written authorization is not needed for an employer to deduct an advance or over-payment of wages, however, a deduction for this purpose may not take an employee’s earnings below minimum wage.

Employees who are discharged must be paid within 5 days of their termination if they receive a fixed pay or 10 days if they receive variable pay. Employees who voluntarily leave their employment must be paid by the next payday. Final wages should include any unused vacation pay provided by an employer’s policy.

NORTH DAKOTA

Employers must pay all wages due to employees at least once each calendar month on regular agreed paydays designated in advance by the employer. Most employers generally choose to pay their employees no less frequently than semi-monthly, though this is not required under the law. Payment must be made in lawful money of the United States or with checks on banks convenient to the place of employment.

Deductions may be made for mandatory withholdings, i.e. state or federal taxes. An employer may deduct advances paid to employees, other than undocumented cash, and other amounts authorized in writing by the employees.

When an employee is discharged or separates from employment voluntarily, or is suspended from work as the result of an industrial dispute, the employee's unpaid wages or compensation must be paid by the next regular payday. Payment may be made by certified mail at an address designated by the employee or as otherwise agreed upon. Final wages should include payment for any earned but unused vacation time.

SOUTH DAKOTA

South Dakota law specifies that employees are required to designate pay dates in advance, which must be at least monthly. It is common, however, to pay employees more frequently, such as semi-monthly. Employees must be paid in lawful money of the United States. An employer may pay wages by check, cash or direct deposit to the employee's bank account.

The frequency of an employee’s pay is considered under state law to be the agreed upon term of employment, which automatically renews absent notice from the employee or employer. For example, if an employee is hired at an annual salary, it could be construed that they have a year long term of service. For this reason, it is recommended that rates of pay be quoted based on an hourly or weekly (for exempt employees) basis.

Employers may withhold mandatory deductions under state and federal law (i.e. taxes). Other deductions must be agreed to, in advance and in writing, by the employee.

Whenever an employee is discharged or resigns, wages or compensation earned must be paid no later than the next regular stated payday or as soon thereafter as all company property in the employee's possession is returned. If the employer has agreed to provide paid vacation time, either orally or in writing, any unused time must be included in an employee's final paycheck.

NEBRASKA

Employers must establish regular paydays. It is recommended that paydays shall be at least semi-monthly. If an employer plans to change its regular payday, employees must be notified in writing no less than 30 days in advance.

An employer may deduct from wages only as required by state or federal law (e.g., taxes) or by order of a court (e.g., garnishments). Any other deduction must be agreed to by the employee in advance, in writing and generally must accrue for the sole benefit of the employee.

When an employee is discharged or resigns their employment, all unpaid wages are due on the next regular payday or within two weeks of the date of termination, whichever is sooner. Final wages include unused vacation or any other paid leave if provided by an employer’s policy.

Unless the employer and employee have specifically agreed otherwise through a contract effective at the beginning of employment or at least 90 days prior to separation, whichever is later, wages include commissions on all orders delivered or on file with the employer at the time of separation of employment less any orders returned or canceled. Therefore, at the time of termination, any unpaid commissions must be paid on the next regular payday following the employer’s receipt of payment for the goods or services from the customer from whom the commission was generated. The employer must provide the employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or canceled by the customer.

KANSAS

Employers are required to pay all wages due to their employees at least once during each calendar month, on regular paydays which are defined in advance. Employers may choose to pay an employee more frequently. Payment must be made in lawful money of the United States or with checks or drafts which are negotiable in the community wherein the place of employment is located. Established pay dates may not be more than 15 days following the end of the pay period for which compensation is owed.

Employers are required to withhold statutory deductions under state and federal law, i.e. taxes.

Employers may make deductions for medical, surgical or hospital care or service, so long as there is no financial benefit to the employer and the deductions are recorded in the employer's books. Any other lawful withholding generally requires the signed authorization by the employee, in advance.

Kansas employers may not make deductions from employee wages to cover cash shortages, returned checks or bad credit card sales. Also prohibited are deductions to recover the costs of inventory shrinkage, breakage and losses to the employer resulting from burglaries, robberies or alleged negligent acts. Finally, state regulations prohibit employers from withholding paychecks to entice the return of uniforms, special tools or special equipment supplied by the employer.

Whenever an employer discharges an employee or an employee quits or resigns, the employer must pay all wages due no later than the next regular payday upon which the employee would have been paid if still employed. Final wages may be paid either through the regular pay channels or by mail within the deadline and when requested by the employee.

The Kansas Supreme Court has ruled there is no inherent right to payment of unused vacation time when an employee is terminated. However, where payment is promised, it is considered wages and must be paid. Pre-established conditions that are part of company policy may be enforced. For example, an employer could enforce a policy that employees who resign without providing two weeks’ notice would forfeit vacation pay.

OKLAHOMA

Employees must be paid at least twice a month on regular paydays designated in advance. The pay date may be no more than 11 days after the end of the pay period.

An employer may deduct from an employee’s wages amounts which are required by law, e.g. taxes or garnishments. Employees may voluntarily enter into an agreement with an employer to have the amounts of health insurance or retirement plans deducted from their wages; as well as amounts for other lawful purposes. An employee may also voluntarily agree to have amounts deducted to compensate employers for breakages or losses of merchandise, inventory shortages, or cash shortages caused by an employee, where the employee was the only party responsible for the cash or items damaged or lost, at the time the damage or loss occurred. Any voluntary deduction must be entered into in advance and signed by the employee and employer.

When an employee terminates employment, whether voluntary or involuntary, final wages must be paid no later than the next regular payday. Since vacation pay has been deemed to be “wages,” any accrued, unused time must be included in an employee’s final wages.

Texas

Employees must generally be paid at least twice a month on designated paydays but may be paid more frequently. If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days. Employers must post, in conspicuous places in the workplace, notices indicating the paydays. In the absence of designated paydays, employees must be paid on the first and 15th day of each month.

An employer may withhold any part of an employee’s wages under limited circumstances. Permitted deductions must be: ordered by a court of competent jurisdiction; authorized by state or federal law; or authorized by the employee for a lawful purpose.

Employers must pay an employee who is discharged all wages due no later than the sixth day after the date of discharge. An employee who leaves for any reason other than discharge must be paid on the next regularly scheduled payday. Vacation and sick pay owed to an employee under an employer’s written policy are considered wages and must be paid at the time of termination if specifically provided for in the employer’s policy.

MINNESOTA

At the time of hire, Minnesota employers should provide new employees with written notice of the amount of their wages and the time and place of wage payment. Employers should also post a Payday Notice listing the dates, time and place of payment. Employees must be notified in writing of any changes in the amount, time, or place of payment.

Employers must pay wages at least once every 31 days on a regular pay day designated in advance. Unless paid earlier, the wages earned during the first half of the employee’s first 31-day pay period become due on the first regular payday following the first day of work. More frequent pay dates are required for employee’s working on any project of a transitory nature.

Employers may deduct from wages those items required by law or authorized by the employee in writing for the benefit of the employee. Deductions may be taken for the employee's loss of, theft of or damage to an employer's property, but only if the employee voluntarily agrees to repay the employer, in writing following the incident. Deductions may not be taken from employee wages for breakages and cash shortages.

When an employer discharges an employee, wages or commissions earned must be paid immediately. When any employee quits or resigns employment, unpaid wages or commissions are due not later than the first regularly scheduled payday following the employee's final day of employment. If an employee is entrusted with company money or property, final wages must be paid within 10 days of the separation date. An employee’s final pay must be available at location where they customarily receive pay and may be mailed at the written request of the employee.

An employee’s final pay must include unused vacation, as well as any holiday pay or severance pay that the employer had previously agreed to provide. Under Minnesota law, vacation, holiday and severance pay, as well as health, welfare and retirement benefits and reimbursement for expenses are “wage supplements” that must be paid out to departing employees within 30 days of the time that they are due.

Employers must promptly pay, to any commissioned salesperson who is discharged or resigns, all commissions earned through the last day of employment at the usual place of payment unless the salesperson requests payment be sent by mail. A salesperson who gives five days notice of resignation must be paid all commissions due within three days following the last day of work. A commissioned salesperson who resigns without notice must be paid all commissions due within six days following the last day of work.

IOWA

Iowa employers are required to pay all wages due their employees at least monthly, semimonthly, or biweekly on regular, designated, paydays which are at consistent intervals. Paydays must not be more than twelve days, excluding Sundays and legal holidays, after the end of the period in which the wages were earned.

Paychecks must be provided to employees at their normal places of employment during normal employment hours or at a place and hour mutually agreed upon. Paychecks may not be mailed to an employee or delivered to an employee’s designee unless the employee has provided the prior written authorization to do so.

Iowa employers are permitted to make deductions from an employee’s wages for mandatory withholdings (e.g. state and federal taxes or a court order) or, with written authorization from the employee, for a lawful deduction, such as medical insurance.

The following may not be deducted from an employee’s wages under Iowa law:

  • Cash shortage in a common money till, cash box, or register operated by two or more employees or by an employee and an employer.
  • Losses due to acceptance by an employee of checks which are subsequently dishonored if the employee has been given the discretion to accept or reject such checks and the employee does not abuse the discretion given.
  • Losses due to breakage, damage to property, default of customer credit, or nonpayment for goods or services rendered so long as such losses are not attributable to the employee's willful or intentional disregard of the employer's interests.
  • Lost or stolen property, unless the property is equipment specifically assigned to, and receipt acknowledged in writing by, the employee from whom the deduction is made.
  • Gratuities received by an employee from customers of the employer.
  • Costs of personal protective equipment, other than items of clothing or footwear which may be used by an employee during nonworking hours.

 

When an employee’s employment is suspended or terminated, the employer must pay all wages due not later than the next regular payday. Wages earned on a commission basis must be paid not more than thirty days after the date of suspension or termination. Final paychecks shall also include any earned and accrued vacation pay.

MISSOURI

In Missouri, employees must be paid at least semimonthly, within sixteen days of the close of each payroll period. Manufacturers must pay employees at least every fifteen days, within five days of the end of the pay period. Employers in this state intending to reduce the wages of an employee must give thirty days written notice.

In general, deductions required by law and those that benefit the employee and are agreed upon in writing may be made. Under Missouri law, the following may be deducted but may not reduce the employee’s rate of pay below minimum wage: tools; equipment; uniforms; laundry or cleaning of uniforms; maintenance of tools, equipment or uniforms; breakage or loss of tools, equipment or uniforms; any other item required by the employer to be worn or used by the employee as a condition of employment; transportation that is necessary to employment.

Employers may deduct the fair market value of meals, lodging and other goods and services as a credit towards minimum wage so long as they are provided for private benefit of the employee.

The unpaid wages of an employer who is terminated are due on the day of termination. An exception is made in the case of commission earnings when an audit is needed to determine the amounts owed. While state law does not specify when wages must be paid to an employee who resigns, it is recommended employers do so by the next pay period. Unused vacation should be paid at the time of final wage payment if it is the employer’s policy or practice to do so.

ARKANSAS

State law provides that employees are to be paid no less frequently than semimonthly.

Employers may withhold mandatory state and federal deductions (i.e. taxes) from an employee’s wages. However, it is unlawful to require an employee or an applicant to pay, directly or indirectly, any part of the cost of a medical examination, report, or copy of a report as a condition of employment. An employer may not make deductions from the applicable minimum wage rate for items including but not limited to the following: spoilage or breakage; cash or inventory shortages or losses; and fines or penalties for lateness, misconduct, or quitting by an employee without notice. It is recommended that employers receive advance, written authorization from an employee prior to making any voluntary deductions from their wages.

All companies must pay all wages within seven days upon discharging an employee if requested. Absent a request, the final wages must be paid by the next regular pay period. If the wages are not paid, they continue to accrue at the regular rate from the date of discharge until paid. Though state law does not provide for the final payment of an employee who voluntarily resigns employment, it is recommended that payment be made no later than the next regularly scheduled payday. Accrued vacation must be included in the final pay only in accordance with an employer’s policy or past practice.

LOUISIANA

Louisiana law requires employers to pay employees for services performed no less frequently than once every two weeks or twice during each calendar month. Paydays shall be two weeks apart, or as near as possible, but no later than 10 days after the end of the pay period. Wages include all compensation for services rendered to the employer by the employee.

Employers are restricted from making deductions from wages to statutory deductions as required by state and federal law (i.e. taxes). Deductions may also be taken for employee contributions to health and welfare plans which benefit the employee solely, so long as the employee has agreed to the deduction in advance, in writing.

Employers may not assess or deduct any sum as fines from wages. A limited exception to this regulation is if the employee willfully or negligently damaged goods or works or the property of the employer. In such cases the fines shall not exceed the actual damage done.

Employees in Louisiana who are laid off, discharged, or who resign must be paid in full at the next regular payday, but no later than 15 days from the date of discharge or resignation. Payment must be made at the place and in the manner which has been customary during the employment, unless the employee has requested to be paid via mail. In the event payment is made by mail the employer shall be deemed to have made such payment when it is mailed.

If an employer’s policy provided for the vested right to vacation, a terminated employee must be paid for any vacation time earned but not taken at the time of separation.

WISCONSIN

Employers must establish paydays that are at least monthly and must pay wages due no later than 31 days after the end of a pay period. Employers are free to establish more frequent pay periods, such as weekly, bi-weekly or semi-monthly. An employer must communicate the pay periods, fixed pay dates, as well as the place of payment, to all employees.

Employers may make a deduction from employee wages for mandatory withholdings, i.e. taxes.

A deduction may be made from an employee’s wages for defective or faulty workmanship or lost or stolen property or damage to property, with employee authorization. The authorization must be made after the problem occurs and before the deduction is made.

Employees who are terminated or who resign employment must be paid by the next regularly scheduled payday. When an employer’s policy provides for paid vacation, any accrued, unused time must be paid at the time of termination.

ILLINOIS

Employers are required to pay all wages earned at least semi-monthly. The wages are to be paid no later than 13 days after the end of the pay period in which the wages were earned. However, commissions may be paid once per month.

Deductions from an employee’s pay are generally prohibited unless they are: for mandatory withholdings, i.e. state and federal taxes, or wage assignments; to the benefit of the employee (such as health insurance premiums, union dues etc.); a valid wage assignment or wage deduction order in effect; or, made with the express written consent of the employee, given freely at the time the deduction is made.

Final compensation to an employee who is terminated or resigns is defined as wages, salaries, earned commissions, earned bonuses, and the monetary equivalent of earned vacation and earned holidays, and any other compensation owed the employee by the employer in accordance with an agreement between the two parties. All final compensation is payable immediately upon termination (dismissal or voluntary resignation), but must be paid no later than the next regularly scheduled payday.

KENTUCKY

Employers must pay employees no less frequently than semi-monthly. The payday must not be more than eighteen days after the end of the pay period for which the employees are paid.

Employers may take deductions from an employee’s wages under limited circumstances including: when the employer is required to do so by local, state, or federal law (i.e. taxes); when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital, or medical dues; when deductions are for union dues where such deductions are authorized by joint wage agreements or collective bargaining contacts negotiated between employers and employees or their representatives.

Employers are prohibited from making deductions from an employee’s pay for the following:

  • Fines
  • Cash shortages in a common money till, cash box or register used by two (2) or more persons
  • Breakage
  • Losses due to acceptance by an employee of checks which are subsequently dishonored if such employee is given discretion to accept or reject any check
  • Losses due to defective or faulty workmanship, lost or stolen property, damage to property, default of customer credit or nonpayment for goods or services received by the customer if such losses are not attributable to employee's willful or intentional disregard of employer's interest.

 

Any employee who leaves or is discharged from employment must be paid their final wages no later than the next normal pay date following the separation date or fourteen days following the date, whichever last occurs. According to the Kentucky Department of Labor, whether an employer must pay an employee for unused vacation upon termination depends on the policy or past practice of the employer. Kentucky labor laws do not specifically require that an employer pay an employee for unused vacation upon termination of employment.

TENNESSEE

All employees should be notified of their rate of pay upon hire.

Tennessee employers must establish and post notices informing employees of their regular paydays, in at least two conspicuous places within the workplace. Employees must be paid no less frequently than semi-monthly. Wages earned prior to the first day of any month must be paid no later than the twentieth day of the following month. Wages earned prior to the sixteenth day of any month must be paid no later than the fifth day of the following month. Employers may pay more frequently if they choose.

Employers are authorized to make mandatory withholdings, e.g. state and federal taxes, from an employee’s wages. Any other deduction may only be with the employee’s advance, written authorization.

Any employee who is discharged or resigns their employment must be paid in full at the next regular payday, not to exceed twenty-one (21) days following the date of separation. Unused vacation need only be paid if the employer has specifically agreed to do so in a written policy.

ALABAMA

Alabama provides no specific requirement regarding the frequency of wage payments.

However, it is generally recommended that employers establish a regular pay day that is no less frequently than semi-monthly. Employers are required to pay employees all wages due on the regular pay day and usually provide a statement of wages and deductions.

Employers may withhold mandatory federal and state deductions (i.e. taxes) from an employee’s wages. It is a good practice for an employer to obtain advance, written authorization for any other deductions from an employee’s wages. Employees cannot be required to pay labor union dues, fees, or other charges as a condition of employment.

Though Alabama law does not provide regulations related to the payment of wages upon termination of employment, it is a good practice to pay employees all due wages no later than the next regularly scheduled payday. This would apply whether the termination was voluntary or involuntary. Unless an employer has a policy excluding payment of accrued vacation at the time of termination, it must be included in the final wages.

MISSISSIPPI

Employers in Mississippi generally are required to make wage payments for services performed no less than bi-weekly or semi-monthly, or on the second and fourth Saturday of each month. Payment must include all amounts due for labor or services performed up to but not more than ten days prior to the time of payment. Wages generally include compensation for work performed by the employee at a rate agreed to in advance.

Employers may make deductions from an employee’s wages as required by state and federal law (i.e., taxes). Any other deduction must be agreed to, in advance and in writing, by the employee.

Employers in Mississippi generally should pay terminating employees, whether the termination is voluntary or involuntary, no later than the next regularly scheduled payday. An employee’s final paycheck generally should include any earned but unused vacation pay.

MICHIGAN

Michigan employers must specify dates, in advance, for payment of wages. Pay dates should generally be no more than semi-monthly. Wages earned from the first day of a month through the fifteenth day of a month must be paid no later than the first day of the following month. Wages earned from the 16th day of a month to the end of that month must be paid no later than the fifteenth day of the following month. For example – wages earned from February 1 through February 15 must be paid on or before March 1. Wages earned from February 16 through the end of the month must be paid on or before March 15. (*Special rules for hand harvesters.)

Employers are permitted to make deductions from an employee’s pay as required by state or federal law (i.e. taxes) or by court order. Other deductions are prohibited with the exception of those required by collective bargaining agreement or by full, free, written agreement of the employee without intimidation or fear of discharge for refusal to permit the deduction. With the exception of authorized deductions benefiting the employee, the total amount of deductions may not reduce an employee’s earnings below minimum wage.

An employee who resigns or is discharged must be paid all wages owed as soon as the correct amount can be determined. Final pay must include payment for fringe benefits provided by an employer’s policy which includes unused vacation pay.

Indiana

An employer must pay employees on established days at least semi-monthly and no later than 10 days following the end of the pay period.

Indiana law requires three conditions to be met in order for a wage deduction to be valid. First, the agreement for the deduction must be in writing, signed by the employee, revocable at any time by the employee upon written notice, and agreed to in writing by the employer. Second, a copy of the deduction agreement must be delivered to the employer within ten days of its execution. Third, the deduction must be allowable under state law, which includes premiums on an insurance policy; contributions to a charitable organization; purchase price of bonds, securities or stock of the employing company; labor union dues; purchase price of merchandise sold by the employer to the employee; amount of loan made to the employee by the employer; contributions of the employee to a hospital service or medical expense plan. These voluntary deductions are in addition to mandatory withholdings under state and federal law (i.e. taxes).

If an employee is terminated or resigns payment of all wages due must be made by the next usual and regular day for payment of wages, as established by the employer. If an employee leaves voluntarily and the employer is not aware of the employee’s address, wages must be made within 10 days after the employee has made a demand for payment or at such time when the employee’s address is known. Any unused vacation must be paid at the time of termination unless the employer has a policy to the contrary.

OHIO

Ohio employers may pay employees daily, weekly or bi-weekly but no less frequently than semimonthly. Wages earned from the first of the month to the 15th are due no later than the first of the following month and wages earned from the 16th to the last day of the month are due by the 15th of the following month. Exceptions are allowed in the case of employment contracts or by industry custom.

Employers are permitted to deduct from an employee’s earnings any mandatory federal, state, or local taxes; any deductions made pursuant to a written agreement for the purpose of providing the employee with any fringe benefits; and any employee authorized deduction.

Terminated or resigning employees must be paid by the next regular pay date, as described above. Final paychecks should include payment for earned but unused vacation if provided by the employer’s policy or practice. Commission or other calculated payments should be reasonably approximated and included in the final paycheck until exact amounts are known.

WEST VIRGINIA

Employees must be paid at least once every two weeks unless an alternative arrangement has been approved by the Division of Labor. Employers must establish and notify employees in writing of regular paydays. Any changes to the pay cycle must be posted in advance in a location available to all employees. Employers must also post the company’s policies regarding vacation pay, sick leave and related matters.

Permitted deductions include those amounts required by law to be withheld, e.g. taxes. Employers and employees may also agree in writing as to deductions to be made such as union or club dues, pension plans, payroll savings plans, credit unions, charities, and hospitalization or medical insurance.

Upon discharging an employee, an employer must pay all wages due within 72 hours. An employee who voluntarily resigns must be paid on the next regular payday, or at time of quitting if the employee gives one pay period's notice. Final wages must include vacation pay if provided by the employer’s policy.

VIRGINIA

Employers must establish regular pay periods and pay dates which should be at least once every two weeks.

Employers can deduct from an employee’s wages for mandatory withholdings, e.g. taxes or garnishments, or other amounts as required by law. Any deduction, other than those required by law, must be authorized by the employee in advance, in writing.

If an employee is terminated, whether voluntarily or involuntarily, final wages are due no later than the next regular payday. If an employer has a policy which provides for the payment of unused vacation at the time of termination, it must be included in the employee’s final wages.

NORTH CAROLINA

Employers in North Carolina must designate a regular payday and pay all wages due according to the schedule designated. Pay periods may be daily, weekly, bi-weekly, semi-monthly, or monthly. Wages based upon bonuses, commissions, or other forms of calculation may be paid as infrequently as annually, however, payment in accordance with the employer’s regular pay cycle is recommended.

Employees must be informed at the time of hiring of the amount, time and place of wage payment. Employers must notify employees at least 24 hours in advance, in writing or through a posted notice, of any changes in promised wages or wage agreements (other than wage increases).

Employers may make deductions as required by law, e.g. taxes, or authorized by the employee in writing for the benefit of the employee. Wage deductions for cash or inventory shortages, employer property loss or damage are allowable if the employer provides seven day’s notice to the employee and obtains written authorization as follows. Deductions must generally be known and agreed upon in advance. The written authorization must be: (a) signed on or before the pay day in which the deduction will be made, (b) include the reason for the deduction, and (c) state the actual dollar amount or percentage of wages that are to be withheld. The deduction may not reduce the employee’s wages below minimum wage and may not be taken from overtime hours. No notice is required in the event of a termination or where the employee is arrested.

Employees who resign or are terminated must be paid no later than the next regular payday. Wages based on bonuses, commissions or other calculations must be paid on the first regular payday after the amount becomes calculable. These wages may not be forfeited by the employee unless advance notice has been given of the employer's policy that results in such forfeiture.

Payment for accrued but unused vacation must be made unless the employer has provided written notice to the employee, in advance, that vacation pay will be forfeited upon termination. Final paychecks may be mailed upon request of the employee.

SOUTH CAROLINA

In South Carolina employers must designate a payday and pay all wages due at the time and place established in their policy. The state has not established the frequency at which employees must be paid, however semi-monthly or more frequent pay periods are a common practice.

Employees must be notified in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This does not apply to wage increases.

An employer may only make deductions from an employee’s wages as required by state or federal law or if the employee has given written notification to the employee at the time of hiring of the amount and terms of the deductions. Employers should generally obtain advance written authorization for voluntary deductions from any employee’s wages.

When an employee is discharged or resigns from employment, all wages must be paid to the employee within 48 hours of the time of separation or the next regular payday which may not exceed 30 days. Payment for accrued but unused vacation, if provided by the employer’s policy, must be included in an employee’s final wages.

GEORGIA

Georgia employers must pay their employees no less than twice a month, representing two equal periods.

Other than for mandatory deductions (e.g. taxes) employers must have the prior written authorization of the employee prior to making any deduction from their wages.

Under Georgia law, employees are terminated or resign their employment, must be paid on the next regularly scheduled payday. Any accrued vacation must be paid only if the employer’s policy provides for payment at the time of termination.

FLORIDA

Florida has no payday law and employers are therefore free to establish a schedule which best suits their business needs. It is recommended that employers establish a regular pay day and notify their employees of any subsequent changes to this schedule. Having a semi-monthly, bi-weekly or more frequently pay date is a good practice.

With the exception of mandatory withholdings (i.e., taxes), it is generally recommended that an employer make no deduction from an employee’s pay without the employee’s prior written authorization.

Florida law does not specify how soon after termination an employer must pay an employee his or her final wages. It is recommended that employers provide final paychecks to discharged or resigning employees no later than the next regularly scheduled pay date following termination.

[The Florida district courts of appeal have ruled that vacation pay is a form of wages. Accordingly, payment for vacation that an employee has earned but not used should be included in his or her final paycheck based upon the employer’s accrual policy].

PENNSYLVANIA

Employers must designate a regular schedule for the payment of wages. Employees must be paid at least semi-monthly and the pay date must be within 15 days from the end of the pay period. Employees must be advised of the schedule as well as the amount of wages, and the place where wages will be paid at the time of hiring.

Employers are permitted to make deductions from an employee’s wages for mandatory state and federal withholdings, e.g. taxes. Deductions for items for the employee’s benefit, such as health insurance or retirement benefits, are allowable as are deductions agreed upon in a Collective Bargaining Agreement. Any other deductions must be agreed to in writing and signed by the employee. The deduction may not take the employee’s earnings below minimum wage.

Employees who resign or are terminated must be paid no later than the next regular payday or by certified mail if requested by the employee in writing. Final paychecks should include payment for earned vacation if provided by the employer’s policy. If the employer’s policy excludes earned vacation pay at the time of termination, it may be excluded from the final pay. Seasonal farm workers must be paid no later than the next business day following termination of employment.

MARYLAND

Employees must be paid at least once every two weeks or twice per month. An employer may not print an employee’s social security number on a paycheck, pay statement or any other document pertaining to the employee’s wage payment.

Employers are permitted to make deductions from an employee’s wages under the following, limited, circumstances.

  • Mandatory deductions pursuant to state or federal law (i.e. taxes)
  • Based on a court order, for example, to pay a wage garnishments and orders to pay child support.
  • The deduction is allowed by the state to offset or "pay for" something of value the employee has received. Examples include long distance telephone calls on the employer's business phone, personal loans, wage advances, etc.
  • To offset a loss to the employer due to the admitted or court determined fault or negligence of an employee (for example, careless damage to the employer's truck) so long as it does not reduce the employee’s wages below minimum wage.
In order for an employer to make a deduction, other than mandatory deductions, an employee must give express written authorization in advance.

 

An employee who resigns or is discharged must be paid their final wages no later than the next regularly scheduled payday.

Maryland law requires employers to provide all employees, at the time of hire, with a written benefits statement describing, among other things, any “leave benefits” offered by the employer (e.g., vacation, sick leave, personal leave, paid time off, etc.). Unless the employee is provided with a benefits statement that clearly states that unused vacation is forfeited at the time of termination, an employer must pay accrued vacation on the employee’s final paycheck.

NEW JERSEY

Wages must be paid at least twice a month on established pay dates which may be no more than 10 days after the end of the pay period.

Employers are permitted to withhold certain amounts from an employee’s wages. Included are mandatory withholdings, e.g. state or federal tax, garnishments; union dues; amounts authorized by a collective bargaining agreement; amounts authorized by an employee to benefit or pension plans; and other amounts approved by the Labor Commissioner and authorized by the employee. Employers may not make deductions from an employee’s wages for breakage or shortages.

In the event of an employee’s termination, whether voluntary or involuntary, final wages must be paid on the next regular pay date. Final wages must include accrued, unused vacation time unless the employer has a policy to the contrary. Employers may not make a deduction from an employee’s final wages for failure to return uniforms or company equipment.

NEW YORK

Employees generally must be paid no less frequently than semi-monthly on dates which are established in advance by the employer. An employer of manual workers must establish weekly pay periods and pay employees no later than seven calendar days after the end of the week in which the wages are earned. Commission salespeople may be paid on a monthly basis. Payment must include all wages, salary, commissions or other payments earned and must be paid no later that the last day of the month following the month in which they were earned. At the time of hire, employers are required to provide employees written notice of the pay date and pay rate, including the overtime rate, if applicable.

An employer is permitted to make deductions from wages as required by law, e.g. taxes, or as authorized in writing by the employee, for the benefit of the employee. Authorized deductions are limited to insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit of the employee. Employers may not take deductions for the cost of breakage, spillage of materials or cash shortages. Employers are also prohibited from making deductions for overpayments of wages; salary advances or tuition payments. An employee may voluntarily agree to repay these items as a separate transaction, but the employer must communicate that refusal to repay will not result in disciplinary or retaliatory action.

If an employee resigns or is terminated, final wages must be paid no later than the regular pay day for the pay period during which the termination occurred. If requested by the employee, wages shall be paid by mail. Final paychecks should include unused vacation pay unless the employer has a written policy, of which the employee was previously informed, that accrued vacation is forfeited at termination. Policies forfeiting the vacation pay of resigning employees who quit without a specified period of advance notice are enforceable where employees are previously informed.

CONNECTICUT

All employers must pay employees weekly on a regular payday, designated in advance by the employer. Paydays must fall no later than eight days after the end of the pay period. If a regularly scheduled payday falls on a non-workday, payment to employees must be made on the preceding workday. Employer must pay in cash or by negotiable checks. Pay periods beyond one week must be approved by the Labor Commissioner.

No employer may withhold or divert any portion of an employee's wages unless (1) the employer is required or empowered to do so by state or federal law (e.g., taxes), or (2) the employer has written authorization from the employee for deductions on a form approved by the wage commissioner, or (3) the deductions are authorized by the employee, in writing, for medical, surgical or hospital care or service, without financial benefit to the employer and recorded in the employer's wage record book.

Whenever an employee voluntarily resigns, their final wages must be paid in full no later than the next regular pay day either through the regular payment channels or by mail. Whenever an employer discharges an employee, final wages must be paid in full no later than the next business day following the date of discharge. When work is suspended as a result of a labor dispute, or when an employee is laid off, wages must be paid no later than the next regular pay day. Payment for unused vacation at termination is dependent upon the employer's policy. No payment is required for unused vacation unless the employer's policy or a collective bargaining agreement has promised such payment.

MASSACHUSETTS

Employers must pay employees weekly or bi-weekly all wages earned generally within six days of the conclusion of the pay period during which the wages were earned.

Employee wages are subject to statutory deductions required under state and federal law (i.e. taxes). Other deductions from an employee’s wages must generally be authorized by the employee in advance and in writing. Recovery of cash shortages (other than admitted theft) or the negligent loss or breakage of equipment should be clearly defined in employee handbooks or other agreements which the employee acknowledges by signature. Voluntary deductions such as those for money loaned by the employer should be authorized in writing. If a loan is over $3,000 it is subject to specific conditions and should not be offered without first consulting a human resource expert or an attorney. Balloon payments from final paychecks are generally not allowed without an agreement in writing at the time of deduction and may not impact minimum wage.

Any employee who resigns their employment must be paid in full on the following regular payday, and, in the absence of a regular payday, on the following Saturday; and any employee discharged from employment shall be paid in full on the day of his discharge. Accrued but unused vacation must be included in the final paycheck.

VERMONT

Under Vermont law, employers must pay employees on a weekly basis, however, may pay on a bi-weekly or semimonthly basis with advance written notice to its employees. Paydays must be within six (6) days of the last day of the pay period. Employers must post a copy of the wage payment law in a conspicuous location within the workplace.

Deductions may be made from an employee’s wages as required by state or federal law (e.g., taxes, Social Security, etc.), or for court-ordered garnishments. The employer may, with written authorization from the employee, make deductions for contributions for health insurance or retirement plans; or for wage advances. When goods and services are provided by the employer to the employee, the amount may be deducted from the employee’s pay, with authorization, but may not take the employee’s earnings below minimum wage. An exception is when the deduction is for room and board provided by the employer, in which case it may take the employee’s earnings below minimum wage.

If an employee is discharged, they must be paid within 72 hours from the time of discharge. An employee who resigns must be paid on the last regular payday, or if there is no regular payday, on the following Friday. If an employer’s policy provides vacation, upon termination, any vested time must be paid with the final wages.

NEW HAMPSHIRE

Employers in New Hampshire must pay employees weekly within eight days, including Sunday, after expiration of the week in which the work is performed. Wages must be paid in lawful money of the United States, with checks on banks convenient to the place of employment where suitable arrangements are made for cashing checks by employees for the full amount of the wages due.

Pay periods of more than one week must be approved by the state Labor Department.

Employers are permitted to make deductions from an employee’s pay as required by state or federal law (e.g. taxes); or if the employer has a written authorization from the employee for deductions for a lawful purpose to the benefit of the employee; or the deductions are in accordance with rules or regulations for medical, surgical, or hospital care or service. Employers may make other voluntary deductions for payments such as union dues or retirement savings with the employee’s written authorization. These require a monthly accounting of the deductions from the employer to employee which can be accomplished through recommended pay statements.

When an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours. If an employee quits or resigns, final wages must be paid no later than the next regular payday, either through the regular pay channels or by mail if requested by the employee. If the employee gives at least one pay period's notice of their intention to quit final wages must be paid within 72 hours.

Final wages must include unused vacation pay provided by an employer’s policy.

MAINE

Employers must pay their employees all due wages at established, regular, intervals not to exceed 16 days. Each payment must include all wages earned to within eight days of the payment date.

An employer may make statutory deductions from an employee’s wages as required by state and federal law (i.e. taxes). Deductions may also be made with prior written authorization for employee contributions to health and welfare plans which solely benefit the employee. An employer may make a deduction for unintentional wage overpayment but the amount may be no more than 10% of the employee’s earnings.

State law prohibits wage deductions for "items incurred by the employee in the course of the employer's work or dealing with the customers on his employer's behalf, such as cash shortages, inventory shortages, dishonored checks or credit cards, damages to the employer's property in any form or any merchandise purchased by a customer." Deductions for theft by customers is also prohibited.

An employee who is discharged or who voluntarily resigns must be paid on the next regular payday or within two weeks of the employee's demand, whichever is sooner.

If an employer’s policy provides vacation pay, it is considered wages under state law. Therefore, any unused vacation time must be paid at the time of termination.

HAWAII

Employers must pay all wages due at least twice a month on regular paydays designated in advance. The pay date must be no later than seven days after the end of the pay period in cash or with checks convertible into cash.

With the exception of mandatory deductions (i.e. state and federal withholding taxes, amounts specified by court orders, or amounts authorized in writing), an employer may not make deductions from an employee’s paychecks. An employer is also prohibited from deducting from an employee’s paycheck for any of the following reasons:

  • fines
  • cash shortage in a common money till, cash box or register used by two or more persons, or under an employee’s sole control if they are not given an opportunity to account for all moneys received at the start of a shift and all moneys turned in at the end of a shift
  • replacement cost or penalties for breakage;
  • losses due to acceptance of checks which are later dishonored if the employer has authorized the employee to accept checks;
  • losses due to faulty workmanship, lost or stolen property, damage to property, default of customer credit or nonpayment for goods or services received by customers, unless such losses are due to willful or intentional disregard of the employer’s interest.

If an employee is terminated, he or she must be paid all wages owed in full at the time of discharge or if circumstances prevent payment, no later than the next work day. If an employee quits or resigns, final payment must be made no later than the next regular payday. If one pay period’s notice of the intention to resign is given, the employee must be paid at the time of resignation. If an employer requires employees to give advance notice of resignation and then terminates an individual who provides such notice, the employer is liable for the wages the employee would have earned up to the last day the employee intended to work, unless the termination was for cause. Employers who have agreed to pay terminating employees for vacation time earned, or who have a custom or practice of doing so, should include compensation for accrued but unused vacation in the employee's final paycheck.

ALASKA

An employer must establish monthly or semi-monthly pay periods. In order to institute a monthly pay period, the employee and employer must agree in an annual initial contract of employment to monthly pay periods. In that case, the employee must be paid for all wages owed each month. We recommend a semi-monthly pay period.

Employees who are terminated must be paid all wages (as defined above) owed within three working days of termination (not including weekends and holidays). An employee who resigns must be paid by the next regular payday that is at least three working days after the last day of work. An employee’s final pay must generally include any accrued, unused vacation unless the employer has a policy or practice to the contrary.

RHODE ISLAND

Hourly employees must be paid on a weekly basis. Employees whose compensation is fixed may be paid on a less frequent basis, such as bi-weekly or semi-monthly. Payments must be made in U.S. funds or checks on banks convertible into cash on demand at full face value. Each employee must be notified in writing, or by posted notice that may be seen readily by all employees, of a change in the scheduled payday at least three (3) paydays in advance of a scheduled change. Each scheduled payday must be within nine (9) days of the conclusion of the pay period for which wages are due (or the next business day if the ninth day is a holiday).

Employers may make deductions from an employee’s wages under limited circumstances. Employers may withhold mandatory deductions under state and federal law (i.e., taxes). Other deductions must be agreed to, in advance and in writing, by the employee. Deductions made on behalf of another entity must be transferred to that party within twenty-one (21) days of the withholding.

When an employee is discharged or resigns from employment, their final wages are due on the next regular payday at the usual place of payment. If an employee has worked for the employer for one year at the time of separation, any vacation pay accrued by collective bargaining, or company policy must be included with the final wage payment. If the employee’s separation is due to the business closing, final wages and vacation as described above are due within twenty four (24) hours.

DELAWARE

Employers are required to pay all wages due to employees at least once a month on regular paydays designated in advance. Wages are due within seven days from the close of the pay period unless that falls on a non-work day, in which case employees must be paid on the preceding workday.

An employer may make deductions from an employee’s pay only under limited circumstances. These include statutory deductions, such as state or federal taxes, or lawful deductions which are authorized by the employee in advance and to the benefit of the employee such as health insurance or retirement savings plans.

State regulations prohibit employers from making wage deductions to cover cash or inventory shortages, cash advances or charges for goods and services (unless there is a signed agreement regarding the amount owed and the repayment schedule), damaged property or failure to return an employer’s property.

Whenever an employee quits, resigns, is discharged or laid off, wages are due on the next regularly scheduled payday either through the usual pay channels or by mail, if requested by the employee.

State law considers vacation to be a "benefit or wage supplement." Therefore, vacation must be included in the employee’s final paycheck.

The above information is a summary providing guidance on the key aspects of the law. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not intended to be a substitute for legal advice. This information is provided with the understanding that (1) the author and publisher are not rendering legal advice and (2) this information is not a substitute for the advice of competent legal counsel. For more information, please contact a human resource professional or an employment law attorney.