Final paycheck deadlines

Find each state’s agency page or law on final pay, and set up a departing employee’s final pay in Every

Federal law doesn’t require an employer to give a former employee their final paycheck immediately, but some states may require immediate payment.

This page explains general rules, not legal or tax advice for your company. Rules change, and they depend on where your company is registered and where your people work. Before you act, check with your own lawyer, accountant or tax advisor.

When a final paycheck is late

If an employee hasn’t been paid for their last pay period and its regular payday has passed, the US Department of Labor tells them to contact its Wage and Hour Division or their state labor department.

State rules

A state’s deadline can depend on how the job ended. In California, for example, the California Labor Commissioner says an employer must pay:

• an employee who is discharged all their wages, including accrued vacation, immediately at the time of termination
• an employee without a written contract for a definite period who quits without giving 72 hours’ notice, within 72 hours of quitting
• an employee without such a contract who gives at least 72 hours’ notice and quits on the day given, at the time of quitting

In California, an employer who willfully fails to pay a departing employee’s wages on time may also be assessed a waiting time penalty.

Each row except New Mexico’s links the state’s own page on final pay or wage payment, or the state’s law. New Mexico’s links the US Department of Labor’s State Labor Offices page. Where a state’s page sends you elsewhere, the row says where.

In Every

You choose an employee’s final pay when you schedule their termination. On Payroll, select Create new → Termination (see Run a termination payroll). Company Admins and HR Admins can do this after payroll setup is complete.

The final pay choices depend on the employee’s last day and on the current pay run:

Choice	What it does
Yes, create final paycheck	Creates a separate final-pay run for the employee
Pay during current pay run	Pays the employee in the current regular run
Pay during next scheduled pay run	Pays the employee in the next scheduled run

Confirming the termination doesn’t submit a pay run. On a separate final-pay run, Run by is the later of the employee’s last day and the day you confirm the termination. Every asks you to submit the run on the last day.

Review Run by and Pay day on the run, then select Preview payroll and, once the run is Pending, Submit & schedule (see Run payroll).

When you create an off-cycle run with Payroll → Create new → Offcycle, its payday is at least 3 business days after that day (see Create an off-cycle or bonus pay run).

After their last day, the employee’s Every account keeps their past paystubs and tax documents on My profile → Docs, as the employee guide to the final paycheck explains.