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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.

Contents show
General Payday Laws
What Can I Do If My Employer Didn’t Pay Me on Time?
Payday Laws In Each State
Payday Laws In Each State

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
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