Final paycheck laws by state (2026): when the last check and stub are due

Short answer

Federal law sets no deadline for a final paycheck; the Department of Labor says some states require immediate payment. State rules range from the moment of discharge (California) to the next regular payday (New York, Pennsylvania, Illinois). Many states set a tighter deadline when you fire someone than when they quit.

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When an employee leaves, you owe them a last paycheck, and the deadline depends on your state and on whether they quit or were let go. Below is a table of the rules we could confirm from each state's own statute or labor department page on 8 October 2026, followed by what the last pay stub should show and when the final W-2 is due.

Is there a federal final paycheck law?

No. The Department of Labor's last paycheck page says employers are not required by federal law to give former employees their final paycheck immediately, and that some states may require immediate payment. Federal law still requires that the last paycheck meets minimum wage and overtime for the hours worked, so a deduction that takes the final week below $7.25 an hour can be a problem even where the state is silent.

Final paycheck deadlines by state

When the final paycheck is due, read from each state's statute or labor department page on 8 October 2026
StateFired or laid offQuit
ArizonaWithin 7 working days or the end of the next regular pay period, whichever is soonerBy the regular payday for the pay period in which they left; by mail if asked
CaliforniaImmediately, at the time of termination, including accrued vacationImmediately with 72 hours' notice; within 72 hours without notice
ConnecticutFired: by the next business day. Laid off: by the next regular paydayBy the next regular payday
HawaiiAt discharge, or by the next working dayBy the next regular payday; at quitting if they gave a pay period's notice
IllinoisAt separation if possible, and no later than the next regular paydaySame as fired
MaineBy the next established paydaySame as fired
MinnesotaImmediately on the employee's demand; in default after 24 hoursFirst regular payday, or the second if the first is under 5 days away, within 20 calendar days
MissouriAt the time of terminationNo state deadline
New JerseyBy the next regular payday for the pay periodSame as fired
New YorkBy the regular payday for the pay period in which employment ended; by mail if askedSame as fired
North DakotaBy the next regular paydaySame as fired
OregonBy the end of the next business dayLast day worked with 48 hours' notice; otherwise within 5 business days or the next payday, whichever is sooner
PennsylvaniaBy the next scheduled paydaySame as fired
VirginiaOn or before the date the wages would have been paidSame as fired
WashingtonAt the end of the established pay periodSame as fired

Each row is the core rule only; statutes have exceptions (for example, collective bargaining agreements in Minnesota, certain industries in Washington). States not in the table are left out because their official pages didn't load for us on 8 October 2026, not because they have no rule. Check your state labor department before the employee's last day.

Illinois paycheck calculator Pennsylvania paycheck calculator

Do I have to pay the final paycheck immediately?

Only in some states, and usually only when you end the job. California's Department of Industrial Relations says a discharged employee must be paid all wages, including accrued vacation, at the time of termination. Missouri's labor department says wages are due at the time of termination too. Hawaii allows the next working day, Connecticut the next business day after discharge, and Oregon the end of the next business day.

When the employee quits, most of the states in the table allow the next regular payday. California and Oregon are the exceptions that reward notice: with 72 hours' notice in California, or 48 hours' in Oregon, the last check is due on the last day.

What goes in the final paycheck

  • All hours worked through the last day, at the regular rate, with any overtime.
  • Earned commissions and bonuses that are due under your agreement. Illinois's FAQ lists bonuses, vacation pay, wages and commissions as final compensation.
  • Accrued vacation where state law or your policy makes it wages. California counts accrued vacation as wages due at termination; Illinois says earned vacation can't be forfeited; Maine requires unused paid vacation accrued since 1 January 2023 to be paid out, except at the smallest employers.
  • The usual withholding: federal and state income tax, Social Security and Medicare. A final check is a regular wage payment for tax purposes.
  • Only lawful deductions. Some states, Maine among them, allow specific deductions from final pay, such as a documented loan, only when the employee signed for them.

Severance is a separate question. Illinois's FAQ says an employee isn't entitled to severance, sick pay or holiday pay on leaving unless the employer promised it in a contract or agreement. Check your own offer letters and handbook before the last day.

The final pay stub

In states that require a pay statement with each wage payment, the final paycheck needs one as well. Connecticut's § 31-13a requires a record of hours, gross earnings, deductions and net earnings with each wage payment, and New York's Department of Labor says workers get a wage statement each time they are paid. The last stub matters more than most, because it carries the year-to-date totals the W-2 will repeat.

Show the last pay period's dates, the pay date, hours or salary, any vacation payout as its own earnings line, every deduction, net pay, and year-to-date totals. If you mail the check, as Arizona and New York allow when the employee asks, mail the stub with it.

Wage statement

When is the final W-2 due?

The normal deadline applies unless the employee asks. The IRS General Instructions for Forms W-2 and W-3 (2026) say that if employment ends before December 31, 2026, you may give the W-2 any time after the job ends, and no later than February 1, 2027. If the former employee asks for it, give it within 30 days of the request or of the final wage payment, whichever is later.

Where PayDocs fits

PayDocs makes the final pay stub from your payroll figures, with the last pay period, a separate line for any vacation payout and year-to-date totals. PayDocs works out federal income tax, Social Security, Medicare and supported state taxes for 2026 pay dates (see what we calculate). Every line is editable, and you can preview it free. At year end, the W-2 generator makes the employee copies for a former employee from the same totals.

This is general information, not legal advice. Final pay rules change and have exceptions; your state labor department has the official version.

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Questions

Is there a federal final paycheck law?

No. The Department of Labor says federal law doesn't require employers to give former employees their final paycheck immediately. Deadlines come from state law, and some states require immediate payment.

Do I have to pay the final paycheck immediately?

In some states, when you end the job. California and Missouri require payment at the time of termination. Others allow the next business day (Connecticut, Oregon) or the next regular payday (New York, Pennsylvania).

Is the deadline different if the employee quits?

Often. Connecticut, Hawaii, Arizona and Oregon give more time when the employee quits than when you fire them. Illinois, New Jersey, New York, Pennsylvania and Washington use one rule for both.

Does the final paycheck need a pay stub?

Where your state requires a pay statement with each payment, yes. Connecticut and New York, for example, require one each time wages are paid, so the final check needs one too.

When does a former employee get their W-2?

By February 1, 2027 for 2026 wages. You may give it any time after the job ends, and if they ask, within 30 days of the request or the final wage payment, whichever is later.

Sources

Sources checked October 8, 2026. This article explains how pay documents work; it is not tax or legal advice.