Pay Day Requirements

What are PayDay Requirements?

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Payday requirements vary by state, in the U.S., and are usually written into state law. Frequency of pay day can be classified as weekly, biweekly, semi-monthly and monthly. In all except a few states, the payday term will be described under state law.

The state’s laws may also provide for other payday distinctions. Some states have different pay periods according to the occupation involved. Most states also require that an employer give their employees notice of the pay period for their job.

What Should I Do if My Paycheck is Late?

Your state probably has a procedure written into the law for how to handle this. However, the general procedure throughout the U.S. is as follows:

• Contact your employer (in writing is best) and inquire;
• If your employer will not pay you, you may need to file a claim with your state department of labor;
• Beyond this, if still unpaid, you may have to file a claim in small claims court; and
• For larger amounts of money, you may consider hiring an attorney to assist you.

You should also follow this procedure, or the procedure in your state, if your employer refuses to pay you because you did not record your hours worked correctly. As long as you are still employed by them, they are still required to pay you a reasonable estimate of what they would owe you for the number of hours you typically work during the pay period in question.

When am I Entitled to Receive my Final Pay?

Regardless of whether you quit or were fired, you are still entitled to be paid for the last pay period you worked. The actual date you must be paid will also differ by state, so you should check for your state’s law on this.

In general, though, the time periods can differ between: immediately on the day of discharge, the next day, within the next 72 hours, or on the next scheduled payday.

What About Overtime?

Overtime is to be paid by the payday of the next payroll period. Only overtime may be delayed in this manner; regular wages cannot be withheld.

What If My Payday Falls on a Holiday?

If the employer observes the holiday, then the payment must be given by the next business day.

How Often Must I Be Paid?

Below are the general, or default pay periods listed by state. However, remember that in some states the pay period may vary by occupation, and your state’s laws may also have other distinctions, so it is always best to to check the law in your state.

State	Frequency Required
Alabama	None
Alaska	Semi-Monthly/Monthly
Arizona	Semi-Monthly
Arkansas	Semi-Monthly
California	Semi-Monthly (typical)
Colorado	Monthly
Connecticut	Weekly
Delaware	Monthly
District of Columbia	Semi-Monthly
Florida	None
Georgia	Semi-Monthly
Hawaii	Semi-Monthly
Idaho	Monthly
Illinois	Semi-Monthly/Monthly
Indiana	Bi-Weekly/Semi-Monthly
Iowa	At least Monthly
Kansas	Monthly
Kentucky	Semi-Monthly
Louisiana	Bi-Weekly
Maine	Semi-Monthly
Maryland	Bi-Weekly/Semi-Monthly
Massachusetts	Weekly/Bi-Weekly
Michigan	Depends on Job
Minnesota	Semi-Monthly/Monthly
Mississippi	Bi-Weekly/Semi-Monthly
Missouri	Semi-Monthly
Montana	Bi-Weekly
Nebraska	None
Nevada	Semi-Monthly/Monthly
New Hampshire	Weekly
New Jersey	Semi-Monthly
New Mexico	Semi-Monthly/Monthly
New York	Weekly/Semi-Monthly
North Carolina	None
North Dakota	Monthly
Ohio	Semi-Monthly
Oklahoma	Semi-Monthly
Oregon	Monthly
Pennsylvania	None
Rhode Island	Weekly
South Carolina	None
South Dakota	Monthly
Tennessee	Semi-Monthly
Texas	Semi-Monthly/Monthly
Utah	Semi-Monthly
Vermont	Weekly/Bi-weekly/Semi-Monthly
Virginia	Bi-weekly/Semi-Monthly-Monthly
Washington	Monthly
West Virginia	Semi-Monthly
Wisconsin	Monthly
Wyoming	Semi-Monthly

Should I Speak with an Attorney About the Payday Requirements of My Employer?

If you are having difficulty figuring out the exact payday requirements for your state and occupation, a local employment attorney can assist you. They can also help if you are having difficulties getting paid the money your employer owes you.

If you are an employer, you should speak with an attorney to ensure that your payment schedules are in full compliance with the applicable state laws.

Last Modified: 04-12-2018 01:06 AM PDT

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