The amount of time within which an employer must pay a last paycheck is established by state laws and varies from state to state. The amount of time also depends on whether an employee is discharged (is fired or laid off) or leaves employment for another reason (such as quitting, detention or deportation). If an employee is discharged, most states require the employer to pay the last paycheck immediately or within a few days of discharge. In Texas, for example, an employer must pay a discharged employee by the sixth day after discharge. California requires an employer to pay a discharged employee immediately upon discharge. New York requires that a discharged employee be paid on the next regular payday.
If an employee leaves employment for another reason, such as detention or deportation, most states, including Texas and New York, require the employer to pay the last paycheck on the next regularly scheduled payday. California requires an employer to pay within 72 hours in this situation unless the employee has given 72 hours’ notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. New York and California laws also specifically provide that if requested by the employee, such wages shall be paid by mail to the designated address.
A list of state final pay laws can be found at smallbusiness.findlaw.com/employment-law-and-human-resources/final-paycheck-laws-by-state.html. Please verify any information posted on the Web and consult a local lawyer with any legal questions.