Separation pay rules

Final Paycheck Deadlines by State

Statutory requirements governing when an employer must release your final wages after layoff, firing, or resignation.

When Must Final Pay Be Issued?

Timelines depend strictly on the governing state statute and whether the separation was voluntary or involuntary.

Immediate Payment

California, Colorado, and Hawaii require immediate payment of all earned wages upon involuntary discharge.

Next Regular Payday

Texas, New York, Florida, and federal baseline generally require final wages by the next scheduled payday.

72-Hour Rules

California allows 72 hours for employees who resign without prior notice, unless 72 hours advance notice was given.

Waiting Time Penalties

Under statutes like California Labor Code § 203, if an employer willfully fails to pay wages within statutory limits, the employee's wages continue as a penalty at the same daily rate until paid, up to 30 calendar days.