My Employer Didn’t Pay Me on Payday
Each state has payday laws to regulate the frequency of when an employee is paid. The two exceptions are South Carolina and Alabama, where employers are allowed to pay employees in their desired frequency as long as they provide written notice.
Many of the state payday laws provide exceptions for specific employee types or certain business types and sizes.
In this article, we will discuss payday laws and what to do if your employer fails to pay you on payday.
General Payday Laws
Most of the states operate in the same manner in terms of regulating the frequency of paychecks. Each state will state the frequency options an employer can choose, like:
- Monthly
- Semi-monthly
- Biweekly
- Weekly
They will also have information about how employers need to provide notice of payday to their employees. However, this is where the similarities end, as payday laws are vastly different depending on your state.
What Can I Do If My Employer Didn’t Pay Me on Time?
Your course of action for a missed payday will depend on your state’s payday laws. However, in most states, you should contact your employer to ask about the wages and give them a chance to fix their error. Where possible, contact them in writing so that you have proof that you have given them a chance to fix the missed payday. Each state has a labor agency that you may be able to contact for a missed payday. If your employer owes you a considerable amount in wages, then consider hiring a labor lawyer to help you claim them.
Payday Laws In Each State
If your employer missed a payday, then you need to look at state payday laws for your state as each is different. This article offers general advice, but the procedure and your rights will vary state by state.
The most common scenario for missed paydays that we deal with as labor lawyers are missed final paychecks. Here is a list of state payday laws for when your employer must pay your final paycheck:
Payday Laws In Each State
If your employer missed a payday, then you need to look at state payday laws for your state as each is different. This article offers general advice, but the procedure and your rights will vary state by state.
The most common scenario for missed paydays that we deal with as labor lawyers are missed final paychecks. Here is a list of state payday laws for when your employer must pay your final paycheck:
| State | An employee who quit | An employee who was fired |
| Alabama | No law | No law |
| Alaska | Next scheduled payday 3 days after the employee gives notice | Within 3 working days of their termination |
| Arizona | Next scheduled payday | Next payday or within 7 working days, whichever comes first |
| Arkansas | Next scheduled payday | Within 7 working days |
| California | Within 72 hour. If the employee gives at least 72 hours’ notice, then immediately. | Immediately |
| Colorado | Next scheduled payday | Immediately |
| Connecticut | Next scheduled payday | Next business day |
| Delaware | Next scheduled payday | Next scheduled payday |
| District of Columbia | The next payday or within 7 days, whichever is first | Next business day |
| Florida | There’s no law | There’s no law |
| Georgia | There’s no law | There’s no law |
| Hawaii | Depending on the notice given, either the next scheduled payday or immediately | Either immediately or the next business day as long as circumstances allow |
| Idaho | The next scheduled payday or within 10 days, whichever is first. If the employee makes a written request for an early payment, then the employer must pay the employee within 48 hours. | The next scheduled payday or within 10 days, whichever is first. If the employee makes a written request for an early payment, then the employer must pay the employee within 48 hours. |
| Illinois | No later than the next scheduled payday, but immediately if possible | No later than the next scheduled payday, but immediately if possible |
| Indiana | Next scheduled payday | Next scheduled payday |
| Iowa | Next scheduled payday | Next scheduled payday |
| Kansas | Next scheduled payday | Next scheduled payday |
| Kentucky | The next scheduled payday or within 14 days, whichever is later | The next scheduled payday or within 14 days, whichever is later |
| Louisiana | The next scheduled payday or within 15 days, whichever is first | The next scheduled payday or within 15 days, whichever is first |
| Maine | Within 2 weeks of an employee request or the next scheduled payday, whichever is first | Within 2 weeks of an employee request or the next scheduled payday, whichever is first |
| Maryland | Next scheduled payday | Next scheduled payday |
| Massachusetts | The Saturday following resignation or the next scheduled paycheck, whichever is first | Immediately |
| Michigan | As soon as the amount is calculated. Cannot be later than the next scheduled payday. | As soon as the amount is calculated. Cannot be later than the next scheduled payday. |
| Minnesota | The next payday after the employee’s final day as long as it is between 5 and 20 days of the final day | Within 24 hours of an employee’s request |
| Mississippi | No law | No law |
| Missouri | No law | Immediately |
| Montana | Within 15 days or the next scheduled payday, whichever comes first | Immediately unless the employer has a written policy. The written policy must pay the employee by the next scheduled payday or within 15 days |
| Nebraska | Within 2 weeks or the next scheduled payday, whichever comes first | Within 2 weeks or the next scheduled payday, whichever comes first |
| Nevada | The next payday or within 7 days, whichever comes first | Immediately |
| New Hampshire | Next scheduled payday. If the employee gave a notice of at least one pay period, then within 72 hours of their final day. | Within 72 hours of termination |
| New Jersey | Next scheduled payday | Next scheduled payday |
| New Mexico | Next scheduled payday | Fixed pay within 5 days and variable pay within 10 days |
| New York | Next scheduled payday | Next scheduled payday |
| North Carolina | Next scheduled payday | Next scheduled payday |
| North Dakota | Next scheduled payday | Next scheduled payday |
| Ohio | Within 15 days or the next scheduled payday, whichever comes first | Within 15 days or the next scheduled payday, whichever comes first |
| Oklahoma | Next scheduled payday | Next scheduled payday |
| Oregon | If the employee gave at least 48 hours’ notice, then immediately. If not, then within 5 days. | Next business day |
| Pennsylvania | Next scheduled payday | Next scheduled payday |
| Rhode Island | Next scheduled payday | Next scheduled payday |
| South Carolina | The next scheduled payday or within 48 hours | The next scheduled payday or within 48 hours |
| South Dakota | When the employee returns company property or the next payday | When the employee returns company property or the next payday |
| Tennessee | Whichever occurs later, the next regular payday or within 21 days | Whichever occurs later, the next regular payday or within 21 days |
| Texas | Next scheduled payday | Within 6 days of termination |
| Utah | Within 24 hours – there are some exceptions | Within 24 hours of termination |
| Vermont | The next scheduled payday or the next Friday, whichever is first | Within 72 hours of termination |
| Virginia | Next scheduled payday | Next scheduled payday |
| Washington | Next scheduled payday | Next scheduled payday |
| West Virginia | Next scheduled payday | Next scheduled payday |
| Wisconsin | Next scheduled payday | The next scheduled payday or within a month, whichever is first |
| Wyoming | Next scheduled payday | Next scheduled payday |