This survey of state wage payment law issues was created on an accelerated timeline to identify and address some of the key issues for employers that were considering steps to reduce potential exposure for payroll obligations in the wake of the Silicon Valley Bank closure by the FDIC. It appears, based on the recent joint statement by the Treasury Department, the Federal Reserve, and the FDIC, that the immediate need for extraordinary measures to address payroll concerns has passed. Nevertheless, this survey may be a useful resource.
One of the issues addressed in this survey is whether state law imposes restrictions affecting the right of an employer to postpone its payroll date for those employed in that state. Most states require that wages be paid within a certain number of days following the end of a payroll period. Some states require a specified amount of notice in advance of changing a payroll date. Even in those states where it appears that an employer may postpone an upcoming payroll date, albeit generally within a statutory deadline for payment, it would be prudent to provide as much notice as possible, both for employee relations purposes and to reduce legal risks.
This is a preliminary guide. It is not intended to be a substitute for obtaining legal advice based on individual circumstances. Employers should consult with employment counsel before making decisions on a course of action.
Alabama does not have a generally applicable wage payment statute governing the timing of wage payments. Certain public service corporations (e.g., gas, electric) must make wage payments no less frequently than either (i) biweekly or (ii) twice each calendar month.
When is the deadline for payment of wages following involuntary termination?Not addressed by state law.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
The Alaska wage law does not prohibit changing the payroll date. However, employers are required to notify an employee in writing of any change in payday (or rate of pay) on the payday before the time of change. Accordingly, postponing an immediately upcoming payroll date would not comply with the law. Employers are required to have monthly or semi-monthly pay periods, at the election of the employee (unless the employee and employer have agreed in an annual initial contract of employment to monthly pay periods).
When is the deadline for payment of wages following involuntary termination?Three working days after termination.
Do wages include accrued vacation pay?No clear guidance.
The Arizona wage law does not prohibit changing the payroll date so long as the employer complies with certain timing requirements. Wages must be paid (i) within 5 days of the end of the pay period (except for school district employers), or (ii) within 10 days of the end of the pay period for employers that maintain a central payroll system outside of Arizona. Overtime or exception pay must be paid within 16 days after the end of the most recent pay period. Arizona employers must designate two or more days in each month as fixed pay days that cannot be more than 16 days apart, except that Arizona employers whose principal place of business is located outside of Arizona and whose payroll system is centralized outside of Arizona may designate one fixed payday per month for exempt professional, administrative, executive or outside sales employees under the Fair Labor Standards Act (FLSA) and employees employed in a supervisory capacity as defined under the National Labor Relations Act (NLRA).
When is the deadline for payment of wages following involuntary termination?Seven working days or the end of the next regular pay period, whichever is sooner.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
The Arkansas wage law does not prohibit changing the payroll date. Wages must be paid (i) semimonthly to salespersons, mechanics, laborers and other workers for the transaction of their business and (ii) at least once per calendar month to exempt management-level and executive employees if the corporation has an annual gross income of $500,000 or more and the employees are compensated over $25,000 annually.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Under California Labor Code section 204, with certain exceptions (primarily for executive, administrative and professional employees exempt from overtime laws), wages must be paid at least twice during each calendar month on days “designated in advance” by the employer as “regular” paydays. Executive, administrative, and professional exempt employees may be paid once per month on or before the 26th day of the month in which the labor was performed if the entire month’s salary, including the unearned portion between the date of payment and the last day of the month, is paid at that time.
Wages earned on and between the first and 15th days of any calendar month must be paid no later than the 26th day of the month during which the labor was performed. Wages earned between the 16th and last day of the month must be paid by the tenth day of the following month. Other payroll periods, such as weekly, every two weeks, or semi-monthly, must be paid within seven calendar days of the end of the payroll period.
It is not clear how much advance notice must be provided to change an employee’s regular payday in accordance with the advance-notice requirement in Labor Code section 204. The best practice is to provide notice at least one full pay period in advance. If that is not possible, an employer could arguably rely on language in Labor Code section 2810.5(b) to provide more limited notice, as that section provides that changes in payroll information (including pay date) must be provided “within seven calendar days after the time of the changes.” (Emphasis added). California courts are extremely protective of employee wages, so changing a pay date in the middle of a pay period (or worse yet, days before a pay date) could carry risk under Labor Code section 204, notwithstanding the language in section 2810.5(b).
California employees may not agree to waive Labor Code protections.
When is the deadline for payment of wages following involuntary termination?Immediately at the time of termination.
Do wages include accrued vacation pay?Yes, if a policy or an employment agreement provides for paid vacation. Only collective bargaining agreements may provide that unused, earned vacation time will not be paid upon termination.
Employers and employees may, by mutual agreement, determine the period of wage and salary payments. In the absence of such agreement, all wages are due and payable on regular pay periods of no greater duration than one calendar month or 30 days, whichever is longer. Regular paydays must be no later than ten days following the close of each pay period. It is the Colorado Department of Labor’s policy that any changes to either the pay period or the date of the payday must adhere to the time frames specified above (or such changes must be mutually agreed upon by both employer and employee). Employers may not make changes that violate the calendar month or 30-day pay period requirement for regular pay periods, nor may they make changes that violate the 10-day payday requirement, unless the employer and the employee mutually agree on any other alternative period of wage or salary payments.
When is the deadline for payment of wages following involuntary termination?Wages are due and payable immediately. If the employer’s accounting unit responsible for creating a payroll check is not “regularly scheduled to be operational,” then the wages shall be paid “no later than six hours after the start of such employer's accounting unit's next regular workday.” If the accounting unit is located off the worksite, then the employer shall deliver the check for wages no later than 24 hours after the accounting unit’s next regular scheduled work day.
Do wages include accrued vacation pay?Yes. This also applies to any paid leave that may be used for any purpose, regardless of how it is labeled.
Unless the Connecticut Department of Labor (CTDOL) approves a different arrangement, employers must pay their employees weekly or once every two weeks. Employees must be paid no later than eight days after the end of the pay period. If the regular payday falls on a non-workday, employees must be paid on the preceding workday. CTDOL may, upon application, waive the statutory wage payment requirements with respect to any particular week or weeks.
When is the deadline for payment of wages following involuntary termination?Next business day.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Employers in Delaware must pay wages at least once per calendar month on a regular payday that the employer designates in advance. Subject to certain exemptions for overtime hours, new hires, reinstatements, and part-time or temporary, employees, employers must pay all wages due within seven days from the close of the pay period in which the wages were earned. As long as employees are paid at least once per month on a regular payday designated in advance by the employer, and within seven days after the close of the pay period, Delaware law does not place any explicit restrictions on an employer’s ability to change the payday.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?If the employer’s policy provides for payment of unused vacation upon termination, unused, accrued vacation must be paid within 30 days after termination.
Under DC law, employers must pay: (i) nonexempt employees at least twice during each calendar month and (ii) exempt employees at least once per month. Additionally, where, by contract or custom, an employer has paid wages at least once per calendar month, the employer may continue to do so. Paydays must be regular and designated in advance. An employer must pay wages within ten working days of the end of a pay period unless a collective bargaining agreement specifies a different period. DC law includes no explicit restrictions on changing the payroll date, as long as the payday is regular and designated in advance, and the employer meets the timing requirements above.
When is the deadline for payment of wages following involuntary termination?Next working day.
Do wages include accrued vacation pay?Yes, absent a contrary agreement or showing that the employee had sufficient knowledge that unused vacation is not paid upon termination.
Florida state law does not address wage payment requirements.
When is the deadline for payment of wages following involuntary termination?The due date of the last paycheck after termination is not expressly addressed by state statute. Therefore, an employer can decide when it will be paid out. However, such time cannot exceed 30 days, consistent with Florida’s law on the maximum time allowed between paychecks.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
The Georgia Minimum Wage Law requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. This rule does not apply to company officials, superintendents, or other heads or subheads of departments who are paid a stipulated salary. They may be paid monthly or annually. There is no Georgia law that places restrictions on changing the payroll date. There is also no Georgia Law indicating when wages must be paid following the end of a pay period. Georgia law does not provide penalties for failure to make timely wage payments.
When is the deadline for payment of wages following involuntary termination?There is no Georgia law addressing wage payment upon termination. Georgia does have a law requiring wages to be paid at least twice a month, except for wages paid to “officials, superintendents, or other heads or subheads of departments who may be employed by the month or year at stipulated salaries.”
Do wages include accrued vacation pay?No, if the employer’s clear and unambiguous policy provides that unused vacation is not paid out upon termination.
Under Hawaii Revised Statutes Section 387 et seq., employers must pay employees at least semi-monthly on regular paydays that the employer designates in advance. The statute includes two exceptions: (1) a majority of employees, or a majority of employees in a collective bargaining unit recognized by the employer or established by law, may elect to be paid once a month on a regularly scheduled basis, and (2) the Hawaii Department of Labor and Industrial Relations (DLIR) may permit employers to set less frequent paydays if employees are paid in full at least once each calendar month on a regular schedule.
Hawaii law includes no restrictions on changing the payroll date but does prohibit employers from having more than seven (7) days between the close of the pay period and payday (HB2847). However, the DLIR may permit employers to pay earned wages within 15 days after the end of each pay period.
An employer may be subject to criminal sanctions for failure to pay wages or willfully failing to comply with other requirements of the law. An employer found criminally liable may be subject to either or both (1) a fine of at least $100 but not more than $10,000, and (2) imprisonment for up to one year.
When is the deadline for payment of wages following involuntary termination?Immediately at the time of termination, or not later than the next working day.
Do wages include accrued vacation pay?Yes, unless the employer’s clear and unambiguous policy provides that unused vacation is not paid out upon termination.
Under the Idaho Minimum Wage Law, employers must pay wages at least once per calendar month on a regular payday that the employer designates in advance. Idaho law includes no restrictions on changing the payroll date, but states that wage payments must be made within 15 days after the end of the pay period. Employers that have consistently failed to pay wages on time may be assessed a civil penalty up to $500 per pay period.
When is the deadline for payment of wages following involuntary termination?The earlier of the next scheduled payday and within 10 days of termination of employment (excluding weekends and holidays). However, if an employee makes a written request for wages, the employer must pay the wages within 48 hours (excluding weekends and holidays).
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Under Illinois’ Minimum Wage Law, Illinois employers must pay all wages earned at least semi-monthly, with two exceptions: (1) employers may pay executive, administrative, and professional employees, as defined in the Fair Labor Standards Act (FLSA), once a month, and (2) employers may pay commissions once a month.
Illinois law includes no restrictions on changing the payroll date. However, employers must pay wages earned by employees a set time after the end of the pay period in which they were earned as follows: Thirteen days or less if the pay period is semi-monthly or bi-weekly; seven days or less if the pay period is weekly; twenty-four hours or less if the pay period is daily; or twenty-one calendar days or less if the employee is executive, administrative, or professional as defined in the FLSA. If an employee is absent on the regular payday, or for any other reason is not paid on the regular payday, the employer must pay the employee on demand at any time within five days of the payday. After the five-day period, the employer must pay the employee within five days of demand for payment. An employer who fails to timely pay wages, final compensation, or wage supplements is liable for (1) the amount of any such underpayments; (2) damages of 5% of the amount of any underpayments for each month the underpayments remain unpaid; and (3) reasonable attorneys' fees and costs, if a civil action is filed.
When is the deadline for payment of wages following involuntary termination?At the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee.
Do wages include accrued vacation pay?Yes, if a policy or an employment agreement provides for paid vacation. Only collective bargaining agreements may provide that unused earned vacation time will not be paid upon termination.
Wages must be paid no more than ten business days after the date on which they were earned. Based on caselaw, (1) a penalty becomes due if the employer fails to pay earned wages at the time when the statute provides that such payments must be made; and (2) subject to the ten-business day rule, employers and employees are free to contract on the length of their payroll period and payment dates.
When is the deadline for payment of wages following involuntary termination?On the regular payday for pay period in which separation occurred.
Do wages include accrued vacation pay?Yes, unless an employer arrangement or policy provides that unused vacation will not be due upon termination.
Under the Iowa Minimum Wage Law, employers must pay their employees all wages due (1) at least monthly, semimonthly, or biweekly; and (2) on regular paydays designated in advance that are at consistent intervals from each other. Regular paydays cannot fall more than 12 days after the end of the pay period in which the wages were earned, excluding Sundays and legal holidays.
However, employers and employees may vary these requirements by written agreement. For such an agreement to be valid, (1) the agreement must be in writing; and (2) the employer must maintain the agreement as a record.
If an employee is absent on a normal payday, the employer must pay the wages (minus any lawful deductions) within seven days, if the employee demands the wages within that seven-day period. If the employee demands their wages eight or more days after the normal payday, the employer must pay the employee within seven days of the employee’s request.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
In Kansas, every employer must pay all wages due to its employees at least once during each calendar month, on regular paydays designated in advance by the employer. Wages must be paid no more than 15 days after the end of the pay period. There does not appear to be any restriction on changing the payroll date so long as wages are paid within the statutory 15 days, though the “designated in advance” suggests there should be some reasonable notice before the change. “Upon the request of the employee,” employers must notify employees in writing of any changes to the day of wage payment or wage rates prior to the change. Kan. Stat. Ann. § 44-320 (West).
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes.
Every employer must pay each of its nonexempt employees within 18 days of the end of the pay period in which the wages were earned, or within six days of the employee's demand for payment if they were either: absent at the time fixed for payment or not paid at the time fixed for payment. There does not appear to be any restriction on changing the payroll date, subject to these timing restrictions.
When is the deadline for payment of wages following involuntary termination?The later of the next regular payday and 14 days after the date of discharge.
Do wages include accrued vacation pay?Yes.
A Louisiana employer must inform non-exempt employees, at hire, of their wage amount, payment method, and frequency of payment (along with any subsequent changes thereto), and if no payday is designated, it must pay employees on the 1st and 16th of each month or as near as is practicable to those days. Employers in the oil and gas, mining, and manufacturing industries must pay employees, except clerical and sales staff, within 10 days of the end of the pay period. Subject to the requirements in those industries, there do not appear to be any restrictions on changing the payroll date so long as advance notice has been provided to employees before the change.
When is the deadline for payment of wages following involuntary termination?On or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.
Do wages include accrued vacation pay?Yes.
Employers must pay wages at regular intervals no greater than 16 days, and wages must be paid within eight days after the end of the pay period (and no later than the next business day following a regular payment date that falls on a non-business day). Pay dates must be established and made known to all employees, and employers must provide 30 days’ written notice before increasing the regular payment interval (and presumably also the pay date).
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, for employers with more than 10 employees. Collective bargaining agreements may provide otherwise.
Under Maryland law, employers must set regular pay periods. Employers must pay all employees (other than exempt employees) at least once every two weeks or twice a month. An employer must give notice at least one pay period in advance if it makes any change in a payday or wage.
When is the deadline for payment of wages following involuntary termination?On or before what would have been the next payday.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy provides that unused vacation will not be paid upon termination.
Under the Massachusetts Wage Act, wages must be paid within six days of the end of the payroll period. The Wage Act includes no restrictions on changing the payroll date as long as payment is made no later than six days from the end of the payroll period. However, another statutory provision states that manufacturing businesses with 100 or more employees must pay employees “on the day chosen as pay day . . . before the close of regular working hours.”
When is the deadline for payment of wages following involuntary termination?Day of termination.
Do wages include accrued vacation pay?Yes.
Under Michigan law, an employer must pay an employee on or before: (i) the first day of each calendar month for the wages earned during the first 15 days of the preceding calendar month and (ii) the 15th day of each calendar month for the wages earned during the preceding calendar month from the 16th day through the last day.
A Michigan employer is also in compliance with Michigan law if it has established either of the following: (i) a weekly or biweekly payday and both of the following conditions are met: (a) wages are paid to the employee on the established recurring payday; and (b) the payday occurs on or before the 14th day following the end of the work period in which the wages are earned; or (ii) a monthly pay period and the employer pays the employee within 15 days after the end of a monthly pay period of wages earned during the monthly pay period.
Michigan’s wage and hour law does not appear to explicitly restrict employers from changing the payroll date nor does it appear to require a certain amount of notice to change a payroll date.
When is the deadline for payment of wages following involuntary termination?An employer shall immediately pay to an employee who has been discharged from employment all wages earned and due, as soon as the amount can with due diligence be determined.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Under Minnesota law, employers generally are required to pay their employees for all wages (salary, earnings and gratuities) at least once every 31 days and on a regular payday, designated in advance by the employer regardless of whether the employee requests payment at longer intervals.
- Employers must pay all commissions an employee earns at least once every 3 months.
- Employers of volunteer firefighters, first responders or volunteer ambulance drivers or attendants may agree on payment at longer intervals.
- Employees engaged in transitory employment must be paid at intervals of not more than 15 days.
Employers may pay employees more frequently than every 31 days.
If wages and commissions earned are not paid, a demand for payment may be made. If payment is not made within ten days of service of the demand, the commissioner may charge and collect the wages earned by the employee.
Minnesota’s wage and hour law does not appear to explicitly restrict employers from changing the payroll date nor does it appear to require a certain amount of notice to change a payroll date, subject to the payment timing requirements above.
When is the deadline for payment of wages following involuntary termination?Employees who do not make a written demand are due all wages and commissions on the next regularly scheduled payday. If the payday is within five days of the last day of work, the employer may have up to 20 days to make final payment.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy provides that unused vacation will not be paid upon termination.
Under Mississippi law, all employers in manufacturing with at least 50 employees and every public service corporation are required to make full payment to employees: (i) at least once every two weeks, (ii) twice during each calendar month or (iii) on the second and fourth Saturday of each month. Payment must include all amounts due for services performed up to 10 days before the time of payment, except that public service corporations are not required to make a payment for labor or services performed up to more than 15 days prior to the time of payment.
Mississippi’s wage and hour law does not appear to explicitly restrict employers from changing the payroll date nor does it appear to require a certain amount of notice to change a payroll date.
When is the deadline for payment of wages following involuntary termination?Not addressed by state law.
Do wages include accrued vacation pay?Only if the employee’s contract provides for payment of unused vacation upon termination.
Under Missouri law a corporation doing business in Missouri must pay wages at least twice a month, and within 16 days of the close of the pay period. However, executive, administrative and professional employees, and salespeople and other employees compensated in whole or in part on a commission basis, may be paid their salaries or commissions monthly.
Missouri law includes no restrictions on changing the payroll date as long as payment is made no later than 16 days of the close of the pay period. However, Missouri law separately requires manufacturing businesses to pay employees' wages at least once every 15 days and that wages must be paid within five days after they are earned. Employers cannot contractually obtain a waiver of this obligation.
When is the deadline for payment of wages following involuntary termination?Date of discharge.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Under Montana law, employers are not required to adopt a particular schedule for pay periods. However, if there is no set pay period, it is assumed to be semi-monthly.
Montana law includes no restrictions on changing the payroll date, so long as payment is made within ten business days after the wages become due and payable.
When is the deadline for payment of wages following involuntary termination?Immediately (within four hours or end of the business day, whichever occurs first), unless the employer has a preexisting, written policy that extends the time for payment, in which case, the wages may not be delayed beyond the next payday for the period in which the separation occurred, or 15 calendar days, whichever occurs first.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy provides that unused vacation will not be paid upon termination.
Under Nebraska law, an employer must establish regular pay days and wages must be paid to an employee on the designated days . Nebraska law prohibits an employer from changing these paydays without first providing 30 days' written notice to employees.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday or within two weeks of the termination, whichever is sooner.
Do wages include accrued vacation pay?Yes, including any paid time off that can be used as vacation time.
Under Nevada law, wages that are earned before the first day of the month must be paid no later than 8 a.m. on the 15th day of the month immediately after the one in which the wages were earned. The statute further provides that wages that are earned before the 16th day of the month must be paid no later than 8 a.m. on the last day of the same month.
An employer must provide affected employees with at least seven days' written notice before changing the payday or place of payment. The notice must be provided in a manner calculated to provide actual notice of the change to each employee.
When is the deadline for payment of wages following involuntary termination?Immediately upon termination.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Under New Hampshire law, an employer must pay all wages due to employees within eight days after the end of the workweek in which the work was performed if the employee is paid weekly, or within 15 days after the end of the workweek if the employee is paid biweekly.
New Hampshire law requires an employer to set regular paydays specified in advance. An employer must notify the employee in writing before making any changes to the day and place of payment of wages.
When is the deadline for payment of wages following involuntary termination?Within 72 hours after termination.
Do wages include accrued vacation pay?Yes, unless the employee receives proper notice that accrued, unused vacation is not paid out upon termination, and the employer retains the employee’s signed acknowledgement of such policy.
New Jersey law requires that employers notify employees at the time of hire of their regular pay day. Further, employers must notify employees in advance of any changes made to the payday, although the law is not clear regarding how much advance notice must be provided.
Generally, New Jersey employees must be paid at least twice during each calendar month on the “regular paydays designated in advance by the employer.” Employers “may establish regular paydays less frequently than semimonthly for bona fide executive [and] supervisory . . . employees provided that the employee shall be paid in full at least once each calendar month on a regularly established schedule.”
It is unlawful for employers to make agreements with employees for payment of wages other than as required under New Jersey law, “except to pay wages at shorter intervals than as [required].”
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination. Payment of unused vacation time upon termination may need to be so provided in a signed employment agreement or some other promise by the employer.
Pursuant to New Mexico’s wage and hour statute, employers must designate regular, fixed paydays that are no more than 16 days apart. While the statute contains no clear restrictions on changing the payroll date, in general, wages for work performed from the 1st to the 15th days, inclusive, of a calendar month must be paid no later than the 25th day of the same month; and wages for work performed from the 16th to the last day of the month, inclusive, must be paid no later than the 10th day of the succeeding month.
However, where an employer’s computation of earnings and of amounts due, as well as preparation of payrolls and issuance of paychecks, is done at a central location outside of New Mexico, the employer is given an extra 5-day grace period (meaning that wages for the 1st through the 15th are due by the end of the same month, and wages for the 16th through the end of the month are due by the 15th of the following month).
Notwithstanding the foregoing, employees who qualify for executive, administrative, professional, or salesperson exemptions may be paid once per month.
When is the deadline for payment of wages following involuntary termination?If the wages owed are a fixed and definite amount, the employer shall pay such wages to the employee within five days of such discharge. Task, piece, and commission wages must be paid within ten days of such discharge.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination, and if so, it constitutes a “fixed and definite amount.”
New York Labor Law section 195(2) provides that changes in pay dates must generally be provided in writing at least seven calendar days prior to the changes.
The frequency-of-pay rules vary in New York depending on the type of worker at issue. The timing rules are mostly set forth in New York Labor Law section 191. Manual workers (including mechanics and “laborers” who generally perform physical labor more than 25% of their work time) must be paid weekly and not later than seven calendar days after the end of the week in which the wages are earned. Certain large employers (which have had an average of 1,000 or more employees in the state in the preceding three years) can apply to the state for an exemption from this timing requirement.
No clear timing requirements apply under the New York Labor Law to bona fide executive, administrative, or professional exempt employees whose earnings are in excess of $900 per week (as they are not subject to the payment timing rules under NYLL Section 191). Exempt employees may be paid monthly. Commissioned salespersons must be paid in accordance with their commission agreements, including any timing terms therein, “but not less frequently than once in each month and not later than the last day of the month following the month in which they area earned.” Clerical and other non-exempt employees must be paid the wages “in accordance with the agreed terms of employment, but not less frequently than semi-monthly, on regular pay days designated in advance by the employer.” No clear timing requirements apply to bona fide executive, administrative, or professional exempt employees.
Changes in payroll schedule typically require seven days advance notice under the NY Wage Theft Prevention Act (regardless of exempt or non-exempt status). Under Labor Law section 191, “[n]o employee shall be required as a condition of employment to accept wages at periods other than as provided” in section 191. Notably, bona fide executive, administrative, and professional exempt employees are not within the scope of section 191. Nonetheless, they are not clearly carved out of the requirement in section 195(2) to provide at least seven days’ notice of a change in pay dates.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, unless the employer has a written policy or other written statement to an employee (in an offer letter or other communication in advance of the employee earning the vacation) that states that unused accrued vacation time is forfeited upon termination.
Employers must make payments on a designated “regular payday.” There is no provision specifying how the regular payday can be changed. However, employers must provide written notice to employees at least one pay period prior to “any changes in promised wages.”
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, unless the employer has a written forfeiture clause in its vacation or termination policy.
North Dakota law requires employers to “pay all wages due to employees at least once each calendar month on regular agreed paydays designated in advance by the employer.” Notwithstanding the reference to paydays designated in advance “by the employer,” the reference to “agreed” indicates that both employee and employer must agree to the paydays and, accordingly, any changes to paydays must be agreed to by the employee and the employer.
Note, too, that North Dakota law requires wages to be paid at each regular payday immediately following the work period during which wages were earned. After a work period has passed, agreements to change the payday related to such work period may be vulnerable if challenged.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, if vacation time is earned. Vacation time that is awarded does not constitute wages if, prior to awarding the paid time off, the employer provided written notice that unused awarded vacation time is forfeited upon termination.
In Ohio, wages earned between the first and fifteenth of a month must be paid by the first day of the following month and wages earned between the fifteenth and the end of the month must be paid by the fifteenth day of the following month.
Ohio law does not expressly prohibit changing the payroll date as long as these timelines are met.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday or within 15 days of separation, whichever is earlier.
Do wages include accrued vacation pay?Only if the employer’s clear, published policy provides for payment of unused vacation upon termination.
In Oklahoma, wages must be paid by a regular payday that is within eleven days of the end of the payroll period for which wages are due. However, Oklahoma employers have three days from the regular payday in which to pay wages and there does not appear to be an express prohibition on changing the payroll date for exempt employees as long as these timelines are met. Non-exempt employees on the other hand must be paid at least twice each month on regular paydays designated in advance, which in Oklahoma means within three days of the regular payday.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s established policy provides for payment of unused vacation upon termination, and such payment is agreed to between the employer and employee.
Oregon employers must establish and maintain regular paydays and must pay wages within 35 days of the prior payday. If wages are not paid within five days of a scheduled payday, the Oregon Bureau of Labor and Industries may require the employer to give a bond to secure the late wage payment and future wage payments.
Oregon employers and employees may agree to different payment frequencies, but only prior to the rendering of services subject to such different frequency.
When is the deadline for payment of wages following involuntary termination?By the end of the first business day after the discharge or termination.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy provides that unused vacation will not be paid upon termination.
Under the Pennsylvania Wage Payment and Collection Law, Pennsylvania employers must pay employees all wages on regular paydays designated in advance, which must be within fifteen days of the end of the payroll period if not otherwise set by contract or industry custom.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s policy or an agreement provides for payment of unused vacation upon termination.
The Rhode Island Department of Labor and Training requires that every Rhode Island employer establish a regular payday. Every payday shall fall within nine days of the end of a payroll period and every employee shall be notified in writing or by posted notice that may be readily seen, of a change in the scheduled payday at least three paydays in advance of a scheduled change.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s written or verbal policy or other agreement provides for vacation pay, and the individual was terminated after at least one year of employment.
South Carolina wage law does not specify when an employer must pay an employee after a pay period ends.
When is the deadline for payment of wages following involuntary termination?Within 48 hours of the day of separation or the next regularly scheduled payday, not to exceed 30 days.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
South Dakota wage law does not address when wages must be paid following the end of a pay period.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday. The law does allow an employer to withhold the final paycheck until the employee returns any property that belongs to the employer.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
For employers that pay employees monthly:
- payroll for wages earned before the first day of any month are due and payable no later than the 5th day of the month following the month in which wages were earned (e.g., wages earned on January 28 must be paid by February 5 at the latest).
For employers that pay employees twice or more per month:
- payroll for wages earned between the 16th of the month to the end of the month must be paid by the 20th of the following month (e.g., wages earned on March 18 must be paid by April 20 at the latest).
- payroll for wages earned between the first and 15th of the month must be paid by the 5th day of the following month (e.g., wages earned on January 3 must be paid by February 5 at the latest).
The law does not address any restrictions on postponing a payroll date as long as the above timing requirements are met.
When is the deadline for payment of wages following involuntary termination?Next regular pay day or twenty-one days, whichever occurs last.
Do wages include accrued vacation pay?Only if the employer’s policy or labor agreement provides for payment of unused vacation upon termination.
An employer must designate paydays. If no paydays are designated, the paydays are the first and fifteenth day of each month. Employers are required to post notices specifying the paydays.
The law does not address whether advance notice is required to change designated paydays.
When is the deadline for payment of wages following involuntary termination?Within six days of termination.
Do wages include accrued vacation pay?Only if the employer’s written policy or agreement provides for payment of unused vacation upon termination.
Payroll must be paid within ten days after the close of the pay period. If a payday falls on a Saturday, Sunday, or legal holiday, an employer must pay wages earned during the pay period on the day before the Saturday, Sunday, or legal holiday.
The law does not address any restrictions on postponing payroll date as long as the above timing is met.
When is the deadline for payment of wages following involuntary termination?Within 24 hours of the time of separation.
Do wages include accrued vacation pay?Only if the employer’s policy provides for payment of unused vacation upon termination.
Vermont’s wage and hour statute provides that employers must pay wages within six days after the end of a pay period. Pay periods must be either (i) weekly, or (ii) if the employer provides prior written notice to the employee, biweekly (i.e., every two weeks) or semi-monthly (i.e., twice per month). Payments may be delayed as much as 13 days only pursuant to the terms of a collective bargaining agreement.
Vermont’s wage and hour statute includes no restrictions on changing the payroll date, but payment must be made in accordance with the above requirements.
When is the deadline for payment of wages following involuntary termination?Within 72 hours of the time of separation.
Do wages include accrued vacation pay?Only if a written employment agreement (which can be employee the handbook, memorandum, or correspondence) provides for payment of unused vacation upon termination.
Under the Virginia Wage Payment Act, other than with respect to executive employees, employers must establish regular pay periods whereby (i) hourly employees are paid at least biweekly (i.e., every two weeks) or semi-monthly (i.e., twice per month), (ii) salaried employees are paid at least once per month, and (iii) employees whose weekly wages are more than 150% of the state average weekly wage are paid at least once per month if both they and their employer agree to the schedule.
The Virginia Wage Payment Act includes no restrictions on changing the payroll date, but payment must be made in accordance with the aforementioned guidelines.
When is the deadline for payment of wages following involuntary termination?On or before next regularly scheduled payday.
Do wages include accrued vacation pay?Only if the employer’s written policy or other promise provides for payment of unused vacation upon termination.
Pursuant to Washington’s wage and hour statute, an employer must pay wages to employees at least monthly on an “established regular pay day.” An employer that pays wages on a monthly basis may withhold wages for work performed in the last seven days of the month until the next pay period. If an employer uses a pay interval shorter than monthly, the employer must establish a regular pay day no less than ten calendar days after the end of the pay period and may not withhold wages from one pay period to the next.
The statute does not specify what, if any, advance notice is required to change to a new “established regular pay day.”
When is the deadline for payment of wages following involuntary termination?End of the established pay period.
Do wages include accrued vacation pay?Only if the employer’s policy or the employment agreement provides for payment of unused vacation upon termination. An employment agreement that specifically provides for payment of unused vacation upon termination may be required.
West Virginia’s wage and hour statute provides that employers must pay their employees at least twice per month, with no more than 19 days between payments (unless the employer has entered into a special arrangement with the West Virginia Division of Labor approving a less frequent pay period that is at least once per month).
The statute contains no express restrictions on changing the payroll date, provided that employers cannot delay payment such that it would extend further than 19 days from the prior payment (absent a special arrangement with the West Virginia Division of Labor).
When is the deadline for payment of wages following involuntary termination?On or before next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy or other agreement expressly and specifically provides that unused vacation will not be paid upon termination.
Under Wisconsin law, most employers are required to pay workers all wages earned at least monthly, with no longer than 31 days between pay periods.1 (Section 109.03 of the Wisconsin Statutes). Employers may establish more frequent pay periods (e.g., weekly, biweekly or semimonthly). If an employee does not receive payment after six days of making a request for payment, an employee may file a claim with the Department of Workforce Development.
Wisconsin’s wage and hour law does not appear to explicitly restrict employers from changing the payroll date nor does it appear to require a certain amount of notice to change a payroll date.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy provides that unused vacation will not be paid upon termination.
[1] Employers who are exempt from this requirement are: (i) employees engaged in logging; (ii) employees covered under a valid collective bargaining agreement establishing a different frequency of wage payments; (iii) school district employees, cooperative education service agency employees, and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year; (iv) employees of the University of Wisconsin System other than university staff; (v) employees who receive compensatory time off in lieu of overtime compensation; and (vi) part-time fire fighter or part-time emergency medical services practitioner who is a member of a volunteer fire department or emergency medical services program and who, by agreement, is paid at regular intervals, but no less often than annually.
Wyoming law does not address payment following a pay period except for employers in railroad, mining, refining, oil and gas, and factory, mill, or workshop industries. Employers in those industries must pay employees on or before the first day of each month for wages they earned during the first half of the preceding month, and on or before the 15th day of each month for the wages earned during the last half of the preceding month.
When is the deadline for payment of wages following involuntary termination?Next regularly scheduled payday.
Do wages include accrued vacation pay?Yes, unless the employer’s written policy provides that unused vacation will not be paid upon termination, and the written policy is acknowledged in writing by the employee.