If employment is terminated for any reason, the employee must be paid for all compensatory time owed at the rate of pay in effect for the employee or the average rate over the employee's last 3 years of employment, whichever is higher. If the employer pays cash for accrued compensatory overtime at any other time, the overtime pay must be based on the employee s regular rate when the payment is made.
Termination checks are governed by a separate set of state rules for when employees must be paid when they separate from employment because of discharge, layoff, or resignation.
The chart below summarizes requirements that guarantee employees will receive all wages they have earned on or soon after their last day of employment.
| State | Involuntary Termination | Voluntary Resignation |
|---|---|---|
| Alabama | No provision | No provision |
| Alaska | Within 3 working days | By next regular payday at least 3 days after employer gets notice of resignation |
| Arizona | Earlier of 3 working days or end of next regular payday period | Next regular payday or by mail if employee requests |
| Arkansas | Within 7 days | No provision |
| California | Immediately; within 72 hours for seasonal employees; by next payday for certain motion picture employees; within 24 hours for oil drilling employees | Within 72 hours — immediately if 72 hours notice of quit is given; strikers and certain motion picture employees on next regular payday |
| Colorado | Immediately or within 6 hours of payroll department becoming operational (by mail on request); next day if payroll is offsite | Next regular payday |
| Connecticut | Next business day; next regular payday if employee is suspended during labor dispute or laid off | Next regular payday |
| Delaware | Next regular payday; by mail on request | Next regular payday |
| District of Columbia | Next working day; within 4 days if responsible for employer s money; next regular payday if suspended due to labor dispute | Earlier of next regular payday or 7 days; 4 days if employee is responsible for employer s money |
| Florida | No provision | No provision |
| Georgia | No provision | No provision |
| Hawaii | Immediately; next working day if that is impossible; next regular payday if suspended due to labor dispute or temporarily laid off | Next regular payday (by mail on request); immediately if one pay period s notice is given |
| Idaho | Earlier of 10 days or next regular payday (not counting weekends and holidays); within 48 hours of employee s written request for payment | Earlier of 10 days or next regular payday (not counting weekends and holidays); within 48 hours of employee s written request for payment |
| Illinois | Immediately if possible; if not, by next regular payday; next regular payday if suspended due to labor dispute or temporarily laid off | Immediately if possible; if not, by next regular payday |
| Indiana | Next regular payday | Next regular payday |
| Iowa | Next regular payday; 30 days for commissions | Next regular payday; 30 days for commissions |
| Kansas | Next regular payday; by mail on request | Next regular payday; by mail on request |
| Kentucky | Later of next regular payday or 14 days | Later of next regular payday or 14 days |
| Louisiana | Next regular payday or 15 days after termination, whichever is earlier | Next regular payday or 15 days after quit, whichever is earlier |
| Maine | Earlier of next regular payday or 14 days after demand for payment | Earlier of next regular payday or 14 days after demand for payment |
| Maryland | Next regular payday | Next regular payday |
| Massachusetts | Immediately | Next regular payday; if there is none, the next Saturday |
| Michigan | Immediately, or as soon as amount due is determined | When amount due is determined |
| Minnesota | Immediately, or within 24 hours of demand | Next regular payday; if payday is less than 5 days after final workday, then by second payday, but no more than 20 days after discharge |
| Mississippi | No provision | No provision |
| Missouri | Day of discharge; within 7 days of employee requests by mail | No provision |
| Montana | Immediately, unless employer s written policy extends the time period to the next regular payday or 15 days from date of termination, whichever is earlier | By next regular payday or 15 days from date of separation, whichever is earlier |
| Nebraska | Earlier of next regular payday or 2 weeks | Earlier of next regular payday or 2 weeks |
| Nevada | Immediately | Earlier of next regular payday or 2 weeks |
| New Hampshire | Within 72 hours; next regular payday if suspended due to labor dispute or temporarily laid off | Next regular payday (by mail if employee requests); within 72 hours if 1 pay period s notice is given |
| New Mexico | Within 5 days; 10 days for wages paid by commission, task, or piece rates; next regular payday if suspended due to labor dispute | Next regular payday |
| New York | Next regular payday (by mail if employee requests) | Next regular payday (by mail if employee requests) |
| North Carolina | Next regular payday (by mail if employee requests) | Next regular payday (by mail if employee requests) |
| North Dakota | Next regular; or by certified mail at employee s address or as otherwise agreed | Next regular payday |
| Ohio | Next regular payday | Next regular payday |
| Oklahoma | Next regular payday (by certified mail if employee requests) | Next regular payday (by certified mail if employee requests) |
| Oregon | By the end of the first business day after discharge or termination | Earlier of next regular payday or 5 business days; immediately if 48 hours notice is given |
| Pennsylvania | Next regular payday (by certified mail if employee requests) | Next regular payday (by certified mail if employee requests) |
| Rhode Island | Next regular payday; within 24 hours of employer closes down, moves, or merges | Next regular payday |
| South Carolina | Within 48 hours or next regular payday (no more than 30 days) | Within 48 hours or next regular payday (no more than 30 days) |
| South Dakota | Next regular payday if all employer property is returned | Next regular payday if all employer property is returned |
| Tennessee | No later than 21 days or next regular payday | No later than 21 days or next regular payday |
| Texas | Within 6 days | Next regular payday |
| Utah | Within 24 hours | Next regular payday |
| Vermont | Within 72 hours | Next regular payday; if there is none, next Friday |
| Virginia | Next regular payday | Next regular payday |
| Washington | End of pay period | End of regular payday |
| West Virginia | Within 72 hours; next regular payday if suspended due to labor dispute or temporarily laid off | Next regular payday (by mail if requested); immediately if 1 pay period s notice is given |
| Wisconsin | Next regular payday; within 24 hours if employer closes or moves | Next regular payday |
| Wyoming | Within 5 working days; next regular payday if suspended due to labor dispute or temporarily laid off | Within 5 working days |