🇺🇸 Final Paycheck Timing by State

Fired or quit? Here's when your last paycheck is legally due in key US states — and what it must include.

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When your US job ends, when you must be paid your final wages depends on your state and on whether you were fired or quit. Federal law (the FLSA) sets no deadline and doesn't require immediate payment — it defaults to your next regular payday. Many states are stricter.

Key states at a glance

StateIf fired / laid offIf you quit
CaliforniaImmediately, at termination (Labor Code §201)Within 72 hours — or immediately if you gave 72+ hours' notice (§202)
New YorkNext regular paydayNext regular payday
TexasWithin 6 calendar daysNext regular payday
MassachusettsImmediately (day of discharge), including accrued vacationNext regular payday (or first Saturday, if no set payday)
IllinoisAt separation if possible; no later than the next regular paydaySame — at separation if feasible, else next regular payday
Federal default (states with no rule)Next regular paydayNext regular payday

What must be included

Your final paycheck must include all wages earned through your last day. In states that treat vacation as wages (see our PTO payout by state reference), it must also include your accrued unused vacation.

Penalties for late final pay

Some states add teeth. California, for example, imposes a "waiting-time penalty" — up to 30 days of your daily wage — if an employer willfully fails to pay final wages on time. Other states have their own penalties.

Official source

Federal final-pay position (next regular payday): U.S. Department of Labor (FLSA FAQ). Confirm your state's deadline with its labor department.

If your final pay is late or short

Contact your state labor department (or Division of Labor Standards / Workforce Commission) — most let you file an unpaid-wage claim. Keep your pay stubs, offer letter and any policy documents.

Frequently asked questions

When do I get my final paycheck after being fired?

It depends on your state. California and Massachusetts require immediate payment on the day of termination; Texas requires it within 6 days; New York and Illinois by the next regular payday. States with no specific rule default to the federal standard — the next regular payday.

When is my final pay due if I quit?

Often the next regular payday, but some states are faster: California requires payment within 72 hours (or immediately if you gave 72+ hours' notice). Check your state's rule.

Does my final paycheck include unused vacation?

It must include all wages earned through your last day. In states that treat accrued vacation as wages — like California, Illinois and Massachusetts — your unused vacation must also be paid. See our PTO payout by state reference.

What can I do if my final paycheck is late?

Contact your state labor department to file an unpaid-wage claim. Some states impose penalties on the employer — California's 'waiting-time penalty' can add up to 30 days of your daily wage for willful late payment.

Does federal law require immediate final pay?

No. The FLSA sets no deadline and doesn't require immediate payment; it defaults to the next regular payday. State laws, where they exist, are what create faster deadlines.

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General guidance, last verified July 2026 — not legal advice. State rules have edge cases (layoffs vs resignation, penalties). Confirm with your state labor department before acting.