Final paycheck deadlines by state

Federal law has no requirement of immediate payment. Under the Fair Labor Standards Act, wages are generally due on the regular payday for the pay period, which is the practical rule in states with no final-pay statute of their own, such as Florida and Georgia.

In some states. In California, Massachusetts, and Texas, the deadline after a firing or layoff generally differs from the deadline after a quit. In Florida, Georgia, Illinois, New York, and Washington, one deadline generally applies either way.

Generally no. In California, Illinois, Massachusetts, Texas, and Washington, an employer generally cannot make final pay conditional on returning property. In Illinois and New York, deducting the value of unreturned equipment generally requires your specific written authorization.

It depends on the state. In California, Illinois, and Massachusetts, accrued vacation is generally treated as wages that belong in the final check. In Florida, Georgia, New York, Texas, and Washington, the employer's written policy generally decides.

Some states add consequences for a late or short final paycheck. California: a waiting-time penalty of a day's wages for each calendar day late, up to 30 days; Florida: reasonable attorney's fees and costs for the prevailing party in a successful unpaid-wage action; Illinois: statutory damages, interest, and attorney's fees; Massachusetts: triple damages plus attorney's fees, with no good-faith defense; New York: liquidated damages of up to 100% of the unpaid wages, plus interest and attorney's fees; Texas: an additional administrative penalty for willful nonpayment; Washington: double damages plus attorney's fees for willful underpayment. Many people start with a wage claim at their state labor agency.