{ "name": "US final paycheck rules by state", "publisher": "LocaFact", "url": "https://locafact.com/data/", "license": "https://creativecommons.org/licenses/by/4.0/", "dateModified": "2026-11-03", "note": "Deadlines and penalties are compiled from state statutes and state labor agency pages. Each row lists the official sources and the date it was last checked. Not legal advice.", "fields": { "fired": "Final-pay rule after a discharge (statutory text and calendar-day offset)", "quit": "Final-pay rule after a voluntary resignation", "layoff": "Final-pay rule after a layoff or reduction in force", "penalty": "Late-payment remedy: kind, formula, and any waiting period before it applies", "pto": "Whether unused vacation/PTO must be paid at separation", "small_claims": "Small claims court jurisdictional limit for a claim by an individual, in USD", "tier": "verified = two official sources agree; single = one official source read directly" }, "meta": { "version": 1, "lastVerified": "2026-11-03", "reviewCycleDays": 90, "note": "Every row cites official state sources only. tier: verified = two independent official sources agree; single = one official source line found; unverified = could not confirm (payment disabled, free info page only)." }, "states": [ { "code": "AZ", "name": "Arizona", "slug": "arizona", "statute": "A.R.S. § 23-353; § 23-355 (treble damages)", "fired": { "text": "On discharge, wages due must be paid within seven working days or by the end of the next regular pay period, whichever is sooner (A.R.S. § 23-353).", "days": 7, "basis": "next_payday", "maxDays": 10 }, "quit": { "text": "If you quit, all wages due are payable in the usual manner no later than the regular payday for the pay period in which you stopped working.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "On discharge, wages due must be paid within seven working days or by the end of the next regular pay period, whichever is sooner (A.R.S. § 23-353).", "days": 7, "basis": "next_payday", "maxDays": 10 }, "penalty": { "kind": "multiplier", "multiplier": 3, "text": "A.R.S. § 23-355: an employer that fails to pay wages when due is liable for treble damages — three times the wages owed — where the failure is not justified. The court decides whether the multiplier applies.", "formula": "wages owed x 3 (treble damages)" }, "pto": { "status": "policy", "text": "Arizona requires payout of accrued vacation only if the employer's policy or contract creates that right; a written use-it-or-lose-it policy can end the balance." }, "commission": "Commissions are wages once earned under the agreed plan; § 23-353 governs when they must be paid, and an unpaid commission can support a treble-damages claim.", "agency": { "name": "Industrial Commission of Arizona — Labor Department", "url": "https://www.azica.gov/labor-wage-payment-requirements", "phone": "602-542-4661" }, "small_claims": { "limit": 3500, "note": "Justice court small claims up to $3,500.", "url": "https://www.azcourts.gov/" }, "sources": [ { "type": "statute", "label": "A.R.S. § 23-353 — payment of wages on discharge", "url": "https://www.azleg.gov/ars/23/00353.htm" }, { "type": "agency", "label": "Industrial Commission of Arizona — wage payment", "url": "https://www.azica.gov/labor-wage-payment-requirements" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "CA", "name": "California", "slug": "california", "statute": "Cal. Lab. Code §§ 201, 202, 203; § 227.3 (vacation); § 200 (wages)", "fired": { "text": "Wages earned and unpaid are due and payable immediately at the time of discharge (Cal. Lab. Code § 201).", "days": 0, "basis": "fixed" }, "quit": { "text": "If you gave at least 72 hours' notice, final pay is due at the time you quit (§ 201). If you gave less than 72 hours' notice, final pay is due within 72 hours (§ 202).", "days": 3, "basis": "fixed", "displayLabel": "72 hours" }, "layoff": { "text": "Same as discharge: final pay is due immediately at the time of layoff (§ 201).", "days": 0, "basis": "fixed" }, "penalty": { "kind": "daily_wage_days", "capDays": 30, "text": "Waiting time penalty under § 203: wages continue at your daily wage rate for each day payment is late, up to 30 calendar days. The daily rate is your total unpaid wages divided by the number of days worked in the final pay period.", "formula": "possible penalty = daily wage rate x days late (max 30)" }, "pto": { "status": "required", "text": "Accrued, unused vacation is wages and must be paid at separation (Cal. Lab. Code § 227.3). Use-it-or-lose-it forfeiture without a vested cap is not enforceable." }, "commission": "Earned commissions are wages and are due at separation like any other wage; a commission is earned when all conditions for entitlement are satisfied, even if the payment date falls later.", "agency": { "name": "California Labor Commissioner's Office (DIR)", "url": "https://www.dir.ca.gov/dlse/", "phone": "833-526-4636" }, "small_claims": { "limit": 12500, "note": "Individuals: up to $12,500. Businesses and other entities: up to $6,250.", "url": "https://selfhelp.courts.ca.gov/small-claims" }, "sources": [ { "type": "agency", "label": "DIR — When must final pay be paid?", "url": "https://www.dir.ca.gov/dlse/faq_paydays.htm" }, { "type": "statute", "label": "Cal. Lab. Code § 201 (leginfo)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=201" }, { "type": "statute", "label": "Cal. Lab. Code § 203 (leginfo)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=203" }, { "type": "agency", "label": "DIR — How to file a wage claim", "url": "https://www.dir.ca.gov/dlse/faq_paydays.htm" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "CT", "name": "Connecticut", "slug": "connecticut", "statute": "Conn. Gen. Stat. §§ 31-71c, 31-72", "fired": { "text": "If you are discharged, your wages must be paid in full not later than the business day after the date of discharge (Conn. Gen. Stat. § 31-71c(b)). Connecticut is one of the few states with a next-day rule.", "days": 1, "basis": "fixed" }, "quit": { "text": "If you resign, your wages must be paid in full not later than the next regular payday, either through the usual pay channels or by mail (§ 31-71c(a)).", "days": 14, "basis": "next_payday" }, "layoff": { "text": "If you are laid off, or work is suspended because of a labor dispute, wages must be paid in full by the next regular payday (§ 31-71c(c)).", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "multiplier", "multiplier": 2, "text": "Conn. Gen. Stat. § 31-72: an employee whose wages were not paid as required may recover twice the full amount of the wages, plus costs and reasonable attorney's fees. The doubling is the statute's own remedy, not a discretionary add-on.", "letterText": "Conn. Gen. Stat. § 31-72 provides that an employee whose wages were not paid in accordance with §§ 31-71a to 31-71i may recover twice the full amount of the wages, with costs and reasonable attorney's fees.", "formula": "unpaid wages x 2 + costs and attorney's fees" }, "pto": { "status": "required", "text": "Connecticut treats accrued vacation as wages: earned, unused vacation must be paid at separation unless a written policy in force while it was earned provides otherwise (§ 31-74a)." }, "commission": "Commissions earned before separation are wages under § 31-71c and follow the same next-day and next-payday deadlines.", "agency": { "name": "Connecticut Department of Labor — Wage and Workplace Standards", "url": "https://portal.ct.gov/dol", "phone": "860-263-6000" }, "small_claims": { "limit": 5000, "note": "Small claims session of the Superior Court, up to $5,000.", "url": "https://www.jud.ct.gov/smallclaims/" }, "sources": [ { "type": "statute", "label": "Conn. Gen. Stat. ch. 558 — §§ 31-71c, 31-72 (official chapter text)", "url": "https://www.cga.ct.gov/current/pub/chap_558.htm" }, { "type": "agency", "label": "Connecticut Department of Labor", "url": "https://portal.ct.gov/dol" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "DE", "name": "Delaware", "slug": "delaware", "statute": "19 Del. C. § 1103", "fired": { "text": "Wages must be paid within 7 days from the close of the pay period in which they were earned (19 Del. C. § 1103). That applies to the final pay period as well.", "days": 7, "basis": "fixed" }, "quit": { "text": "Resignation does not extend the deadline: wages for the final pay period are due within 7 days of its close.", "days": 7, "basis": "fixed" }, "layoff": { "text": "A layoff follows the same 7-day rule.", "days": 7, "basis": "fixed" }, "penalty": { "kind": "none", "text": "Delaware's Department of Labor may impose a civil penalty on the employer, but the statute does not add a liquidated-damages multiple to the employee's claim. The remedy is the wages, plus the department's penalty power.", "formula": "no employee-side multiple" }, "pto": { "status": "policy", "text": "Delaware requires payout of accrued vacation only if the employer's written policy or agreement provides for it." }, "commission": "Commissions earned in the final pay period are wages and are due within the same 7 days.", "agency": { "name": "Delaware Department of Labor", "url": "https://labor.delaware.gov/", "phone": "302-761-8200" }, "small_claims": { "limit": 25000, "note": "Justice of the Peace Court civil claims up to $25,000.", "url": "https://courts.delaware.gov/jp/" }, "sources": [ { "type": "statute", "label": "19 Del. C. ch. 11 — payment of wages", "url": "https://delcode.delaware.gov/title19/c011/index.html" }, { "type": "agency", "label": "Delaware Department of Labor", "url": "https://labor.delaware.gov/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "DC", "name": "District of Columbia", "slug": "washington-dc", "statute": "D.C. Code §§ 32-1302, 32-1303", "fired": { "text": "If you are discharged, your wages must be paid not later than the working day after the discharge. If you were responsible for the employer's money, the employer may take up to 4 days to verify your accounts before paying (D.C. Code § 32-1303(1)).", "days": 1, "basis": "fixed" }, "quit": { "text": "If you resign, wages are due on the next regular payday or within 7 days of resigning, whichever comes first (§ 32-1303(2)).", "days": 7, "basis": "fixed" }, "layoff": { "text": "If work is suspended, wages earned are due not later than the next regular payday (§ 32-1303(3)).", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "per_day", "percentPerDay": 10, "afterDays": 0, "capPercent": 200, "text": "D.C. Code § 32-1303(4): liquidated damages of 10% of the unpaid wages for each working day the failure continues after the due date, or treble the unpaid wages, whichever is smaller. Ten working days of delay already reaches the treble ceiling.", "letterText": "D.C. Code § 32-1303(4) provides liquidated damages of 10 per centum of the unpaid wages for each working day during which the failure continues after the day payment was required, or an amount equal to treble the unpaid wages, whichever is smaller.", "formula": "10% per working day, capped at 3x the wages (smaller of the two)" }, "pto": { "status": "policy", "text": "District law treats vacation pay as wages once the right to it has been earned; a policy that forfeits accrued time at separation has to be one that applied while the time was accruing." }, "commission": "Commissions earned before separation are wages under § 32-1303 and follow the same next-working-day and next-payday deadlines.", "agency": { "name": "D.C. Department of Employment Services — Office of Wage and Hour Compliance", "url": "https://does.dc.gov/service/wage-hour-compliance", "phone": "202-671-1700" }, "small_claims": { "limit": 10000, "note": "Superior Court of the District of Columbia, small claims branch, up to $10,000.", "url": "https://www.dccourts.gov/services/civil-matters/small-claims" }, "sources": [ { "type": "statute", "label": "D.C. Code § 32-1303 — payment on discharge or resignation", "url": "https://code.dccouncil.gov/us/dc/council/code/sections/32-1303" }, { "type": "statute", "label": "D.C. Code § 32-1302 — when wages must be paid", "url": "https://code.dccouncil.gov/us/dc/council/code/sections/32-1302" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "FL", "name": "Florida", "slug": "florida", "statute": "No Florida statute sets a final-pay deadline. Fla. Stat. § 448.08 provides attorney's fees for unpaid wages.", "fired": { "text": "Florida has no state law that sets a deadline for the final paycheck. Wages are owed under your employment contract or the employer's established payday, and federal law requires payment for all hours worked — but neither sets a final-pay deadline.", "days": 14, "basis": "next_payday" }, "quit": { "text": "Same as a discharge: no state deadline. The practical benchmark is the employer's next regular payday for the pay period you worked.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "Same as a discharge: no state final-pay deadline; the contract or established payday controls.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "none", "text": "Florida imposes no waiting-time penalty for a late final paycheck. Under Fla. Stat. § 448.08 a worker who has to sue and wins may recover reasonable attorney's fees, which is the main lever the statute gives you.", "formula": "no statutory penalty; attorney's fees available" }, "pto": { "status": "policy", "text": "Florida does not require payout of unused vacation or PTO unless the employer's policy or contract promises it." }, "commission": "Commissions and bonuses are owed according to the terms of your agreement; with no state final-pay statute, the written plan is the controlling document.", "agency": { "name": "U.S. Department of Labor, Wage and Hour Division (Florida has no state wage-claim agency)", "url": "https://www.dol.gov/agencies/whd/contact", "phone": "866-487-9243" }, "small_claims": { "limit": 8000, "note": "County court small claims division, up to $8,000 (Florida Small Claims Rules, rule 7.010).", "url": "https://www.flcourts.gov/Resources-Services/Court-Improvement/Small-Claims" }, "sources": [ { "type": "statute", "label": "Fla. Stat. § 448.08 — attorney's fees for unpaid wages", "url": "https://www.flsenate.gov/Laws/Statutes/2024/448.08" }, { "type": "agency", "label": "U.S. DOL Wage and Hour Division — contact", "url": "https://www.dol.gov/agencies/whd/contact" }, { "type": "agency", "label": "Florida Courts — Small Claims", "url": "https://www.flcourts.gov/Resources-Services/Court-Improvement/Small-Claims" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "HI", "name": "Hawaii", "slug": "hawaii", "statute": "Haw. Rev. Stat. § 388-3", "fired": { "text": "On discharge, wages must be paid in full at the time of discharge; if the discharge happens in conditions that prevent immediate payment, not later than the following working day (Haw. Rev. Stat. § 388-3).", "days": 0, "basis": "fixed" }, "quit": { "text": "An employee who quits is paid on the next regular payday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated as a discharge: payment at separation or the next working day.", "days": 0, "basis": "fixed" }, "penalty": { "kind": "none", "text": "Hawaii's Wage Standards Division can order payment and assess penalties against the employer, but the statute does not give the employee a computable liquidated-damages multiple.", "formula": "no fixed employee-side multiple" }, "pto": { "status": "policy", "text": "Hawaii requires payout of accrued vacation only where the employer's written policy creates the right." }, "commission": "Commissions earned before separation are wages and follow the same rule.", "agency": { "name": "Hawaii Department of Labor — Wage Standards Division", "url": "https://labor.hawaii.gov/wsd/", "phone": "808-586-8777" }, "small_claims": { "limit": 5000, "note": "District Court small claims up to $5,000.", "url": "https://www.courts.state.hi.us/" }, "sources": [ { "type": "statute", "label": "HRS § 388-3 — separation before payday", "url": "https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0388/HRS_0388-0003.htm" }, { "type": "agency", "label": "Hawaii DLIR — Wage Standards", "url": "https://labor.hawaii.gov/wsd/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "ID", "name": "Idaho", "slug": "idaho", "statute": "Idaho Code § 45-606", "fired": { "text": "On termination by either the employer or the employee, wages must be paid or made available at the usual place of payment by the earlier of the next regularly scheduled payday or 10 days after the separation, excluding weekends and holidays (Idaho Code § 45-606(1)).", "days": 10, "basis": "next_payday", "maxDays": 10 }, "quit": { "text": "Resignation is covered by the same rule: earlier of the next regularly scheduled payday or 10 days. A written request for earlier payment shortens the deadline to 48 hours.", "days": 10, "basis": "next_payday", "maxDays": 10 }, "layoff": { "text": "A layoff is named in the statute and follows the same deadline: earlier of the next regular payday or 10 days.", "days": 10, "basis": "next_payday", "maxDays": 10 }, "penalty": { "kind": "none", "text": "Idaho Code § 45-606 sets the deadline but attaches no liquidated-damages multiple to a late final paycheck. What the statute does give you is leverage: once the employee makes a written request for earlier payment, the wages must be paid within 48 hours, weekends and holidays excluded — and this letter is that request.", "letterText": "Idaho Code § 45-606(1) provides that once the employee makes a written request for earlier payment, all wages then due must be paid within forty-eight hours of receipt of the request, weekends and holidays excluded.", "formula": "no statutory multiple; written request shortens the deadline to 48 hours" }, "pto": { "status": "policy", "text": "Idaho does not require payout of accrued vacation unless the employer's written policy or an agreement provides for it." }, "commission": "Commissions earned before separation are wages under § 45-606 and follow the same 10-day deadline, with the same 48-hour acceleration on written request.", "agency": { "name": "Idaho Department of Labor", "url": "https://labor.idaho.gov/", "phone": "208-332-3570" }, "small_claims": { "limit": 5000, "note": "Magistrate division small claims, up to $5,000.", "url": "https://isc.idaho.gov/" }, "sources": [ { "type": "statute", "label": "Idaho Code § 45-606 — payment on separation from employment", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title45/T45CH6/SECT45-606/" }, { "type": "agency", "label": "Idaho Department of Labor", "url": "https://labor.idaho.gov/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "IL", "name": "Illinois", "slug": "illinois", "statute": "820 ILCS 115/5 (Illinois Wage Payment and Collection Act); 115/14 (penalties)", "fired": { "text": "Final compensation is due at the time of separation if possible; if it is not possible to calculate it then, it is due no later than the next regularly scheduled payday (820 ILCS 115/5).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Same rule on resignation: final compensation at separation if possible, otherwise by the next regularly scheduled payday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff follows the same rule as a discharge: pay at separation if possible, otherwise by the next regularly scheduled payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "per_month", "percentPerMonth": 5, "capPercent": 100, "text": "820 ILCS 115/14(a): damages of 5% of the underpayment per month it stays unpaid (2% per month where the underpayment is $200 or less), capped at 100%, plus a court-awarded attorney's fee and costs.", "formula": "5% of the unpaid amount per month, capped at 100%" }, "pto": { "status": "policy", "text": "Illinois requires payout of earned, unused vacation only if the employer's written policy or contract provides for it; the policy is what a claim turns on." }, "commission": "Earned commissions are final compensation under the Act; a written commission plan can set the timing, but it cannot erase commissions already earned.", "agency": { "name": "Illinois Department of Labor — Wage Payment and Collection", "url": "https://labor.illinois.gov/", "phone": "312-793-2804" }, "small_claims": { "limit": 10000, "note": "Small claims are heard in the circuit court for claims up to $10,000.", "url": "https://www.illinoiscourts.gov/guides/small-claims/" }, "sources": [ { "type": "statute", "label": "820 ILCS 115 — Wage Payment and Collection Act", "url": "https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68" }, { "type": "agency", "label": "Illinois courts — small claims guide", "url": "https://www.illinoiscourts.gov/guides/small-claims/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "IA", "name": "Iowa", "slug": "iowa", "statute": "Iowa Code §§ 91A.4, 91A.8", "fired": { "text": "When employment is terminated, all wages earned up to that time must be paid not later than the next regular payday for the pay period in which the wages were earned (Iowa Code § 91A.4).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation follows the same rule: wages earned are due by the next regular payday for that pay period.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A suspension of employment is expressly covered by § 91A.4: wages due by the next regular payday for the pay period in which they were earned.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "per_day", "percentPerDay": 5, "afterDays": 7, "capPercent": 100, "text": "Iowa Code § 91A.8: liquidated damages equal to five percent of the unpaid wages for each day the wages remain unpaid, excluding Sundays, legal holidays and the first seven days after the regular payday — capped at the amount of the unpaid wages themselves.", "letterText": "Iowa Code § 91A.8 provides liquidated damages of five percent of the unpaid wages for each day the wages remain unpaid, excluding Sundays, legal holidays and the first seven days after the regular payday, not exceeding the amount of the unpaid wages.", "formula": "5% of unpaid wages per day after the 7th day, capped at 100%" }, "pto": { "status": "policy", "text": "Iowa does not require payout of unused vacation unless the employer's written policy or an agreement provides for it." }, "commission": "Commissions earned before termination are wages under § 91A.4; where the amount is a credit against commissions, the difference is due by the following regular payday.", "agency": { "name": "Iowa Division of Labor", "url": "https://www.iowadivisionoflabor.gov/", "phone": "515-242-5871" }, "small_claims": { "limit": 6500, "note": "Small claims in the Iowa District Court, up to $6,500.", "url": "https://www.iowacourts.gov/" }, "sources": [ { "type": "statute", "label": "Iowa Code ch. 91A — Wage Payment Collection Law (official PDF)", "url": "https://www.legis.iowa.gov/docs/code/91A.pdf" }, { "type": "agency", "label": "Iowa Division of Labor", "url": "https://www.iowadivisionoflabor.gov/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "KS", "name": "Kansas", "slug": "kansas", "statute": "Kan. Stat. § 44-315", "fired": { "text": "When an employer discharges an employee, earned wages must be paid not later than the next regular payday (Kan. Stat. § 44-315(a)).", "days": 14, "basis": "next_payday" }, "quit": { "text": "If you quit or resign, earned wages are due not later than the next regular payday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is a discharge for this purpose: wages due by the next regular payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "per_day", "percentPerDay": 1, "afterDays": 8, "capPercent": 100, "text": "Kan. Stat. § 44-315(b): where the failure to pay is wilful, the employer is liable for the wages plus a penalty of 1% of the unpaid wages for each day, excluding Sundays and legal holidays, that the failure continues after the eighth day.", "formula": "1% of unpaid wages per day after the 8th day" }, "pto": { "status": "policy", "text": "Kansas requires payout of accrued vacation only where the employer's written policy or contract creates the right." }, "commission": "Commissions earned under the agreed plan are wages under § 44-315 and are due by the next regular payday at separation.", "agency": { "name": "Kansas Department of Labor", "url": "https://www.dol.ks.gov/labor-laws", "phone": "785-296-5000" }, "small_claims": { "limit": 4000, "note": "District court small claims up to $4,000.", "url": "https://www.kscourts.org/" }, "sources": [ { "type": "statute", "label": "Kan. Stat. § 44-315 — separation prior to payday", "url": "https://www.ksrevisor.gov/statutes/chapters/ch44/044_003_0015.html" }, { "type": "agency", "label": "Kansas DOL — labor laws", "url": "https://www.dol.ks.gov/labor-laws" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "ME", "name": "Maine", "slug": "maine", "statute": "26 M.R.S. § 626", "fired": { "text": "Wages must be paid within a reasonable time after demand: the earlier of the next regular payday or two weeks after the demand (26 M.R.S. § 626).", "days": 14, "basis": "next_payday", "maxDays": 14 }, "quit": { "text": "Resignation follows the same rule: the earlier of the next regular payday or two weeks after your demand.", "days": 14, "basis": "next_payday", "maxDays": 14 }, "layoff": { "text": "A layoff is covered by the same rule: the earlier of the next regular payday or two weeks after your demand.", "days": 14, "basis": "next_payday", "maxDays": 14 }, "penalty": { "kind": "multiplier", "multiplier": 2, "text": "26 M.R.S. § 626: an employer that fails to pay wages and accrued vacation as required is liable for twice the amount of the unpaid wages as liquidated damages, plus costs of suit including a reasonable attorney's fee.", "formula": "unpaid wages x 2 + attorney's fees" }, "pto": { "status": "required", "text": "Maine treats accrued vacation as wages: § 626 expressly covers unpaid vacation pay at separation." }, "commission": "Commissions earned before separation are wages and are covered by the same rule.", "agency": { "name": "Maine Department of Labor — Wage and Hour", "url": "https://www.maine.gov/labor/", "phone": "207-623-7900" }, "small_claims": { "limit": 6000, "note": "District Court small claims up to $6,000.", "url": "https://www.courts.maine.gov/" }, "sources": [ { "type": "statute", "label": "26 M.R.S. § 626 — payment on separation", "url": "https://legislature.maine.gov/statutes/26/title26sec626.html" }, { "type": "agency", "label": "Maine DOL", "url": "https://www.maine.gov/labor/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "MD", "name": "Maryland", "slug": "maryland", "statute": "Md. Code, Lab. & Empl. §§ 3-505, 3-507.2", "fired": { "text": "All wages due for work performed before the termination must be paid on or before the day you would have been paid had the employment continued (Md. Code, Lab. & Empl. § 3-505(a)).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation is covered by the same rule: wages due for work already performed are payable on the day you would have been paid had you stayed.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is a termination for this purpose: wages are due on the next scheduled payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "multiplier", "multiplier": 3, "text": "Md. Code, Lab. & Empl. § 3-507.2: once two weeks have passed from the date payment was required, the employee may sue, and if the court finds the wages were withheld without a bona fide dispute it may award up to three times the wage, plus reasonable counsel fees and costs. The multiplier is discretionary, so the letter records the exposure rather than promising it.", "letterText": "Md. Code, Lab. & Empl. § 3-507.2 provides that once two weeks have elapsed from the date payment was required, the employee may bring an action, and a court may award an amount not exceeding three times the wage, together with reasonable counsel fees and costs, where the wages were withheld and not as a result of a bona fide dispute.", "formula": "up to 3x the unpaid wages after 2 weeks + counsel fees" }, "pto": { "status": "policy", "text": "Maryland does not require payout of accrued leave where the employer has a written policy limiting it, notified the employee of the benefit, and the employee is not entitled to payment under that policy (§ 3-505(b)). Absent such a policy, accrued leave is wages due at termination." }, "commission": "Commissions earned before termination are wages under § 3-505 and are due on the same next-payday schedule.", "agency": { "name": "Maryland Department of Labor — Division of Labor and Industry", "url": "https://labor.maryland.gov/labor/wages/", "phone": "410-767-2245" }, "small_claims": { "limit": 5000, "note": "District Court small claims, up to $5,000.", "url": "https://mdcourts.gov/legalhelp/smallclaims" }, "sources": [ { "type": "statute", "label": "Md. Code, Lab. & Empl. § 3-505 — payment on termination", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=3-505" }, { "type": "statute", "label": "§ 3-507.2 — action for unpaid wages, up to 3x", "url": "https://mgaleg.maryland.gov/2025RS/statute_web/gle/3-507.2.pdf" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "MA", "name": "Massachusetts", "slug": "massachusetts", "statute": "Mass. Gen. Laws ch. 149, §§ 148, 150", "fired": { "text": "An employee who is discharged must be paid in full on the day of discharge (M.G.L. c. 149, § 148). Massachusetts is one of the few states that requires same-day payment.", "days": 0, "basis": "fixed" }, "quit": { "text": "An employee who leaves voluntarily must be paid in full on the next regular payday; if there is no regular payday, on the following Saturday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated as a discharge: payment in full on the day of the layoff.", "days": 0, "basis": "fixed" }, "penalty": { "kind": "multiplier", "multiplier": 3, "text": "M.G.L. c. 149, § 150: a prevailing employee recovers the unpaid wages plus treble damages, reasonable attorney's fees and costs. Massachusetts is one of the strongest late-pay statutes in the country on the employee side.", "letterText": "Mass. Gen. Laws ch. 149, § 150 provides that a prevailing employee recovers the unpaid wages, treble damages, reasonable attorney's fees and costs.", "formula": "unpaid wages x 3 (treble) + attorney's fees" }, "pto": { "status": "required", "text": "Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned." }, "commission": "Commissions that have been definitely determined and are due are wages under § 148 and must be paid on the same schedule; the statute applies to commissions 'so far as apt'.", "agency": { "name": "Massachusetts Attorney General — Fair Labor Division", "url": "https://www.mass.gov/orgs/fair-labor-division", "phone": "617-727-3465" }, "small_claims": { "limit": 7000, "note": "District Court small claims session, up to $7,000.", "url": "https://www.mass.gov/info-details/small-claims" }, "sources": [ { "type": "statute", "label": "M.G.L. c. 149 § 148 — payment of wages", "url": "https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148" }, { "type": "agency", "label": "Mass. AG — Fair Labor Division", "url": "https://www.mass.gov/orgs/fair-labor-division" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "MI", "name": "Michigan", "slug": "michigan", "statute": "Mich. Comp. Laws § 408.475 (Payment of Wages and Fringe Benefits Act)", "fired": { "text": "An employee who is discharged must be paid all wages earned and due at the time of discharge (MCL 408.475). Michigan does not add a separate waiting period.", "days": 0, "basis": "fixed" }, "quit": { "text": "An employee who leaves voluntarily must be paid all wages earned and due as soon as the amount can with due diligence be determined — in practice the next regular payday (MCL 408.475).", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated as a discharge for payment purposes: wages due at the time of separation.", "days": 0, "basis": "fixed" }, "penalty": { "kind": "none", "text": "Michigan's Payment of Wages and Fringe Benefits Act provides no liquidated damages and no waiting-time penalty. This is the state where third-party summary sites most often invent one: the statute simply requires payment, and the remedy is a claim for the wages plus costs.", "formula": "no statutory penalty" }, "pto": { "status": "policy", "text": "Michigan treats earned vacation as wages that must be paid at separation unless the employer's written policy states that unused time is forfeited." }, "commission": "Fringe benefits and commissions covered by a written policy are due at separation under the Act; an unwritten plan is much harder for the employer to rely on.", "agency": { "name": "Michigan Department of Labor and Economic Opportunity — Wage and Hour Division", "url": "https://www.michigan.gov/leo/bureaus-agencies/wd", "phone": "517-284-7800" }, "small_claims": { "limit": 7000, "note": "District court small claims division, up to $7,000.", "url": "https://www.courts.michigan.gov/" }, "sources": [ { "type": "statute", "label": "MCL 408.475 — payment at separation", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-408-475" }, { "type": "agency", "label": "Michigan LEO — wage and hour", "url": "https://www.michigan.gov/leo/bureaus-agencies/wd" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "MN", "name": "Minnesota", "slug": "minnesota", "statute": "Minn. Stat. § 181.13 (discharge); § 181.14", "fired": { "text": "On discharge, wages and commissions actually earned and unpaid are immediately due and payable upon the employee's demand (Minn. Stat. § 181.13). Minnesota is close to a same-day state: the demand starts the clock.", "days": 0, "basis": "fixed" }, "quit": { "text": "If you resign, wages are due by the next regular payday; the immediate-payment rule in § 181.13 is written for employees who are discharged.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is a discharge for this purpose: earned wages and commissions are due immediately on demand.", "days": 0, "basis": "fixed" }, "penalty": { "kind": "daily_wage_days", "capDays": 15, "text": "Minn. Stat. § 181.13: in addition to the wages, the discharged employee may recover a penalty equal to average daily earnings at the regular rate of pay for each day the wages remain unpaid, up to 15 days.", "formula": "average daily earnings x days late (max 15)" }, "pto": { "status": "policy", "text": "Minnesota treats earned vacation as wages: it must be paid at separation unless the employer's written policy clearly provides for forfeiture." }, "commission": "Commissions actually earned and unpaid at discharge are expressly covered by § 181.13 and are due immediately on demand, not on the normal commission cycle.", "agency": { "name": "Minnesota Department of Labor and Industry — Labor Standards", "url": "https://www.dli.mn.gov/business/employment-practices", "phone": "651-284-5005" }, "small_claims": { "limit": 15000, "note": "Conciliation court (small claims) up to $15,000.", "url": "https://mncourts.gov/" }, "sources": [ { "type": "statute", "label": "Minn. Stat. § 181.13 — wages due on discharge", "url": "https://www.revisor.mn.gov/statutes/cite/181.13" }, { "type": "agency", "label": "MN DLI — final pay", "url": "https://www.dli.mn.gov/business/employment-practices" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "MO", "name": "Missouri", "slug": "missouri", "statute": "Mo. Rev. Stat. § 290.110", "fired": { "text": "On discharge — with or without cause — unpaid wages earned at the contract rate become due and payable on the day of the discharge (Mo. Rev. Stat. § 290.110). Missouri is a same-day state.", "days": 0, "basis": "fixed" }, "quit": { "text": "If you quit, wages are due on the next regular payday; the same-day rule in § 290.110 is written for employees who are discharged or refused further employment.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff counts as a discharge under § 290.110: wages are due on the day of separation.", "days": 0, "basis": "fixed" }, "penalty": { "kind": "none", "text": "Section 290.110 is titled 'penalty for delay': wages are due the day of discharge, and a late payment exposes the employer to a court-assessed penalty and, for a wilful failure, criminal exposure. The statute does not fix a percentage you can compute yourself, so this letter demands the wages and puts the exposure on the record.", "letterText": "Missouri law makes the wages due on the day of discharge and provides a penalty for delay assessed by a court; the amount is not fixed by a formula the employee can compute, so this letter demands the wages and records the delay.", "formula": "court-assessed penalty, no fixed formula" }, "pto": { "status": "policy", "text": "Missouri requires payout of accrued vacation only where the employer's policy or contract provides for it." }, "commission": "Commissions earned at the contract rate are wages under § 290.110 and are due on the same schedule as other wages at separation.", "agency": { "name": "Missouri Department of Labor — Division of Labor Standards", "url": "https://labor.mo.gov/dls", "phone": "573-751-3403" }, "small_claims": { "limit": 5000, "note": "Associate circuit court small claims up to $5,000.", "url": "https://www.courts.mo.gov/" }, "sources": [ { "type": "statute", "label": "Mo. Rev. Stat. § 290.110 — payment due discharged employee", "url": "https://revisor.mo.gov/main/OneSection.aspx?section=290.110" }, { "type": "agency", "label": "Missouri Labor — Division of Labor Standards", "url": "https://labor.mo.gov/dls" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "MT", "name": "Montana", "slug": "montana", "statute": "Mont. Code § 39-3-205; § 39-3-206 (penalty)", "fired": { "text": "Unpaid wages are due 15 days from the separation date, or on the next regular payday for that pay period, whichever comes first (Mont. Code § 39-3-205).", "days": 15, "basis": "next_payday", "maxDays": 15 }, "quit": { "text": "Resignation falls under the same rule: 15 days from separation or the next regular payday, whichever is earlier (Mont. Code § 39-3-205).", "days": 15, "basis": "next_payday", "maxDays": 15 }, "layoff": { "text": "If you were separated for cause or laid off, § 39-3-205 requires payment immediately on separation unless the employer pays on the next regular payday.", "days": 0, "basis": "next_payday", "maxDays": 15 }, "penalty": { "kind": "none", "text": "Montana provides a penalty for failure to pay at the time required (§ 39-3-206), but the statute does not set a formula that can be computed from the wages alone; the amount is determined in the proceeding.", "formula": "no computable formula" }, "pto": { "status": "policy", "text": "Montana requires payout of accrued vacation only where the employer's written policy or agreement creates the right." }, "commission": "Commissions earned before separation are wages and follow the same deadline.", "agency": { "name": "Montana Department of Labor & Industry — Employment Relations", "url": "https://erd.dli.mt.gov/", "phone": "406-444-5600" }, "small_claims": { "limit": 7000, "note": "Justice court small claims up to $7,000.", "url": "https://courts.mt.gov/" }, "sources": [ { "type": "statute", "label": "Mont. Code § 39-3-205 — payment on separation", "url": "https://leg.mt.gov/bills/mca/title_0390/chapter_0030/part_0020/section_0050/0390-0030-0020-0050.html" }, { "type": "statute", "label": "§ 39-3-206 — penalty for late payment", "url": "https://leg.mt.gov/bills/mca/title_0390/chapter_0030/part_0020/section_0060/0390-0030-0020-0060.html" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "NE", "name": "Nebraska", "slug": "nebraska", "statute": "Neb. Rev. Stat. § 48-1230", "fired": { "text": "When an employer separates an employee from the payroll, unpaid wages are due on the next regular payday or within two weeks of the termination, whichever is sooner (Neb. Rev. Stat. § 48-1230).", "days": 14, "basis": "next_payday", "maxDays": 14 }, "quit": { "text": "Resignation follows the same rule: next regular payday or two weeks, whichever comes first.", "days": 14, "basis": "next_payday", "maxDays": 14 }, "layoff": { "text": "A layoff is a separation: wages are due on the next regular payday or within two weeks, whichever comes first.", "days": 14, "basis": "next_payday", "maxDays": 14 }, "penalty": { "kind": "none", "text": "Nebraska can recover double wages for a wilful failure (§ 48-1232), but the amount recovered is remitted to the state rather than paid to the employee, so it is not money the letter can demand for you.", "formula": "no employee-side recovery" }, "pto": { "status": "policy", "text": "Nebraska requires payout of accrued vacation only if the employer's written policy provides for it." }, "commission": "Commissions earned before separation are wages and follow the same deadline.", "agency": { "name": "Nebraska Department of Labor", "url": "https://dol.nebraska.gov/", "phone": "402-471-9000" }, "small_claims": { "limit": 3600, "note": "County court small claims up to $3,600.", "url": "https://supremecourt.nebraska.gov/" }, "sources": [ { "type": "statute", "label": "Neb. Rev. Stat. § 48-1230 — wages on separation", "url": "https://nebraskalegislature.gov/laws/statutes.php?statute=48-1230" }, { "type": "agency", "label": "Nebraska Department of Labor", "url": "https://dol.nebraska.gov/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "NV", "name": "Nevada", "slug": "nevada", "statute": "NRS 608.020, 608.030, 608.040", "fired": { "text": "NRS 608.020: an employee who is discharged must be paid immediately — the wages due are payable at the time of discharge, not on the next payday.", "days": 0, "basis": "fixed" }, "quit": { "text": "NRS 608.030: an employee who resigns must be paid the wages due by the next regular payday, or within seven days if the employer has no regular payday.", "days": 7, "basis": "next_payday" }, "layoff": { "text": "Being placed on nonworking status counts as a discharge under NRS 608.020: payment is due immediately.", "days": 0, "basis": "fixed" }, "penalty": { "kind": "daily_wage_days", "capDays": 30, "text": "NRS 608.040: if wages are not paid when due, the employer owes the employee the wages plus up to 30 days of additional wages at the employee's regular daily rate.", "formula": "daily wage x days late (max 30)" }, "pto": { "status": "policy", "text": "Nevada requires payout of accrued vacation according to the employer's written policy; an employer with a qualifying policy must pay earned, unused time at separation." }, "commission": "Commissions earned under the employment agreement are wages for NRS 608.020 purposes and are due immediately on discharge.", "agency": { "name": "Nevada Office of the Labor Commissioner", "url": "https://labor.nv.gov/Employees/Wage_and_Hour/", "phone": "702-486-2650" }, "small_claims": { "limit": 10000, "note": "Justice court small claims up to $10,000.", "url": "https://nvcourts.gov/" }, "sources": [ { "type": "statute", "label": "NRS 608 — payment of wages (official Nevada code)", "url": "https://www.leg.state.nv.us/nrs/nrs-608.html" }, { "type": "agency", "label": "Nevada Labor Commissioner — wage and hour", "url": "https://labor.nv.gov/Employees/Wage_and_Hour/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "NH", "name": "New Hampshire", "slug": "new-hampshire", "statute": "N.H. RSA 275:44", "fired": { "text": "When an employer discharges an employee, the wages must be paid in full within 72 hours (RSA 275:44, I).", "days": 3, "basis": "fixed" }, "quit": { "text": "When an employee quits or resigns, wages must be paid no later than the next regular payday (RSA 275:44, II).", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated as a discharge: full payment within 72 hours.", "days": 3, "basis": "fixed" }, "penalty": { "kind": "none", "text": "New Hampshire does not add liquidated damages to the employee's claim for a late final paycheck. The remedy is the wages through the Department of Labor or district court.", "formula": "no statutory penalty" }, "pto": { "status": "policy", "text": "New Hampshire requires payout of accrued vacation only if the employer's written policy provides for it." }, "commission": "Commissions earned under the agreement are wages and follow the same 72-hour / next-payday rule.", "agency": { "name": "New Hampshire Department of Labor", "url": "https://www.nh.gov/labor/", "phone": "603-271-3176" }, "small_claims": { "limit": 5000, "note": "District court small claims up to $5,000.", "url": "https://www.courts.nh.gov/" }, "sources": [ { "type": "statute", "label": "RSA 275:44 — payment on separation", "url": "https://www.gencourt.state.nh.us/rsa/html/xxiii/275/275-44.htm" }, { "type": "agency", "label": "NH Department of Labor", "url": "https://www.nh.gov/labor/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "NJ", "name": "New Jersey", "slug": "new-jersey", "statute": "N.J.S.A. 34:11-4.3; § 34:11-4.10 (liquidated damages)", "fired": { "text": "On a discharge, layoff or resignation, the employer must pay all wages due not later than the regular payday for the pay period in which the separation took place (N.J.S.A. 34:11-4.3). Payment may be by the usual channels or by mail if you ask.", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation is covered by the same provision: all wages due by the regular payday for the pay period in which you left.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff, temporary or permanent, follows the same rule: wages due by the regular payday for that pay period.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "percent", "percent": 200, "text": "N.J.S.A. 34:11-4.10: a court may award liquidated damages equal to 200% of the unpaid wages, plus costs and attorney's fees.", "formula": "unpaid wages x 200% liquidated damages", "letterText": "N.J.S.A. 34:11-4.10 provides that a court may award liquidated damages equal to 200% of the unpaid wages, together with costs and reasonable attorney's fees." }, "pto": { "status": "required", "text": "New Jersey treats earned, unused vacation as wages: it must be paid at separation unless the employer's written policy clearly provides otherwise." }, "commission": "Commissions are expressly within the statutory definition of wages (N.J.S.A. 34:11-4.1); an incentive plan can set timing but cannot forfeit commissions already earned.", "agency": { "name": "New Jersey Department of Labor — Division of Wage and Hour Compliance", "url": "https://www.nj.gov/labor/myworkrights/wages/", "phone": "609-292-2305" }, "small_claims": { "limit": 5000, "note": "Special Civil Part small claims up to $5,000; the Special Civil Part handles claims up to $20,000.", "url": "https://www.njcourts.gov/selfhelp/small-claims" }, "sources": [ { "type": "statute", "label": "N.J.S.A. 34:11-4.3 (nj.gov — selected labor laws)", "url": "https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml" }, { "type": "agency", "label": "NJ DOL — wages", "url": "https://www.nj.gov/labor/myworkrights/wages/" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "NY", "name": "New York", "slug": "new-york", "statute": "N.Y. Lab. Law §§ 191, 198", "fired": { "text": "Final wages are due no later than the regular payday on which they would have been paid had you stayed employed (Labor Law § 191). New York does not require the employer to pay on the day of discharge.", "days": 14, "basis": "next_payday" }, "quit": { "text": "The same rule applies when you resign: final wages are due on the next regular payday. On request the employer must mail the final pay.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff follows the same rule: final wages are due on the next regular payday for the pay period worked.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "multiplier", "multiplier": 2, "text": "Labor Law § 198: a worker who wins may recover the unpaid wages plus liquidated damages of 100% of the unpaid amount, with interest and attorney's fees. In practice that doubles the exposure on the wage figure alone.", "formula": "unpaid wages x 2 (100% liquidated damages)", "letterText": "Labor Law § 198 provides for liquidated damages equal to 100% of the unpaid wages, plus interest and reasonable attorney's fees, in addition to the wages themselves." }, "pto": { "status": "policy", "text": "Accrued vacation is wages in New York: it must be paid at separation unless the employer gave employees a written forfeiture policy in advance." }, "commission": "Commission salespeople are covered by § 191; the written commission agreement controls timing, but earned commissions cannot simply be kept after separation.", "agency": { "name": "New York State Department of Labor — Division of Labor Standards", "url": "https://dol.ny.gov/", "phone": "888-469-7365" }, "small_claims": { "limit": 10000, "note": "City courts and district courts hear small claims up to $10,000; town and village courts up to $3,000.", "url": "https://www.nycourts.gov/courts/nyc/smallclaims/" }, "sources": [ { "type": "agency", "label": "NYS DOL — Frequency of pay FAQ (Labor Law § 191)", "url": "https://dol.ny.gov/frequency-pay-faq" }, { "type": "statute", "label": "N.Y. Labor Law § 191 (NY Senate)", "url": "https://www.nysenate.gov/legislation/laws/LAB/191" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "NC", "name": "North Carolina", "slug": "north-carolina", "statute": "N.C. Gen. Stat. § 95-25.7 (Wage and Hour Act)", "fired": { "text": "All wages due must be paid on or before the next regular payday, through the regular pay channels or by trackable mail if the employee asks in writing (N.C. Gen. Stat. § 95-25.7). North Carolina sets no shorter deadline for a discharge.", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation follows the same rule: everything due is payable on or before the next regular payday, and the employee may request trackable mail in writing.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is covered by the same provision: wages due on or before the next regular payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "none", "text": "North Carolina's Wage and Hour Act does not provide liquidated damages or a waiting-time penalty payable to the employee for a late final paycheck. The Retail Workers' Bill of Rights adds a private action for some employers, but the standard remedy is the unpaid wages plus the Department of Labor's investigation.", "formula": "no employee-side penalty" }, "pto": { "status": "policy", "text": "North Carolina does not require payout of unused vacation unless the employer's written policy promises it." }, "commission": "Commissions owed under the employment agreement are wages; the written plan controls when they are earned, and the Act requires payment of earned amounts by the next regular payday.", "agency": { "name": "North Carolina Department of Labor — Wage and Hour Bureau", "url": "https://www.labor.nc.gov/workplace-rights", "phone": "800-625-2267" }, "small_claims": { "limit": 10000, "note": "Magistrate small claims division of District Court, up to $10,000.", "url": "https://www.nccourts.gov/help-topics/small-claims" }, "sources": [ { "type": "statute", "label": "N.C.G.S. § 95-25.7 — final pay on next regular payday", "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-25.7.html" }, { "type": "agency", "label": "NC DOL — wage and hour", "url": "https://www.labor.nc.gov/workplace-rights" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "ND", "name": "North Dakota", "slug": "north-dakota", "statute": "N.D. Cent. Code § 34-14-03", "fired": { "text": "When an employee is discharged, terminates employment or separates voluntarily, unpaid wages become due and payable at the regular payday (N.D. Cent. Code § 34-14-03).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Voluntary separation is expressly covered: wages due at the regular payday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff or suspension follows the same rule: unpaid wages are due at the regular payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "none", "text": "North Dakota does not add liquidated damages to the employee's claim for a late final paycheck; a violation is a misdemeanour and the remedy is the wages through the Department of Labor or small claims court.", "formula": "no statutory penalty" }, "pto": { "status": "policy", "text": "North Dakota requires payout of accrued vacation only if the employer's written policy provides for it." }, "commission": "Commissions earned before separation are wages and follow the regular-payday rule.", "agency": { "name": "North Dakota Department of Labor and Human Rights", "url": "https://www.nd.gov/labor/", "phone": "701-328-2660" }, "small_claims": { "limit": 15000, "note": "District court small claims up to $15,000.", "url": "https://www.ndcourts.gov/" }, "sources": [ { "type": "statute", "label": "N.D.C.C. § 34-14-03 — separation before payday", "url": "https://ndlegis.gov/cencode/t34c14.pdf" }, { "type": "agency", "label": "ND Department of Labor", "url": "https://www.nd.gov/labor/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "OH", "name": "Ohio", "slug": "ohio", "statute": "Ohio Rev. Code § 4113.15; § 4113.99", "fired": { "text": "Ohio sets no separate deadline for a discharge. Wages must be paid on the employer's regularly scheduled payday, and most employers must pay at least twice a month (Ohio Rev. Code § 4113.15(A)) — so the final check is due on the next regular payday.", "days": 14, "basis": "next_payday" }, "quit": { "text": "Same rule on resignation: the final wages are due on the next regularly scheduled payday, not on the day you leave.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated like any other separation: payment is due on the next regularly scheduled payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "percent_floor", "percent": 6, "floorCents": 20000, "afterDays": 30, "text": "Ohio Rev. Code § 4113.15(B): if wages stay unpaid for 30 days beyond the regularly scheduled payday, the employer is liable for liquidated damages equal to 6% of the amount still unpaid or $200, whichever is greater — but only for amounts not in good-faith dispute.", "formula": "6% of the unpaid amount or $200, whichever is greater" }, "pto": { "status": "policy", "text": "Ohio does not require payout of unused vacation unless the employer's written policy or an employment contract promises it." }, "commission": "Earned commissions are wages under § 4113.15; a written plan can set when they are earned, but not erase commissions already earned.", "agency": { "name": "Ohio Department of Commerce — Bureau of Wage & Hour Administration", "url": "https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour", "phone": "614-644-2239" }, "small_claims": { "limit": 6000, "note": "Municipal and county courts hear small claims up to $6,000 (Ohio Rev. Code § 1925.02).", "url": "https://www.supremecourt.ohio.gov/" }, "sources": [ { "type": "statute", "label": "Ohio Rev. Code § 4113.15 (payday, 30-day damages)", "url": "https://codes.ohio.gov/ohio-revised-code/section-4113.15" }, { "type": "agency", "label": "Ohio Dept. of Commerce — wage and hour", "url": "https://com.ohio.gov/divisions-and-programs/industrial-compliance/wage-and-hour" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "OR", "name": "Oregon", "slug": "oregon", "statute": "ORS 652.140; ORS 652.150 (penalty wages)", "fired": { "text": "On discharge or termination, all wages earned and unpaid become due and payable not later than the end of the first business day after the discharge or termination (ORS 652.140).", "days": 3, "basis": "fixed" }, "quit": { "text": "If you gave at least 48 hours' notice (excluding Saturdays, Sundays and holidays), wages are due immediately. Without that notice, wages are due within five days after you quit, excluding weekends and holidays, or by the next regular payday, whichever comes first.", "days": 5, "basis": "next_payday", "maxDays": 7, "daysWithNotice": 0 }, "layoff": { "text": "A termination follows the same rule: wages due not later than the end of the first business day after the termination.", "days": 3, "basis": "fixed" }, "penalty": { "kind": "daily_wage_days", "capDays": 30, "text": "ORS 652.150: if wages are not paid when due, the employer owes penalty wages equal to eight hours' pay at the employee's regular rate for each day the wages remain unpaid, up to 30 days.", "formula": "8 hours' pay x days late (max 30)" }, "pto": { "status": "policy", "text": "Oregon treats accrued vacation as wages when the employer's policy creates the right; earned vacation is payable at separation unless a valid policy provides otherwise." }, "commission": "Commissions earned under the agreed plan are wages under ORS 652.140 and follow the 48-hour deadline at separation.", "agency": { "name": "Oregon Bureau of Labor and Industries (BOLI)", "url": "https://www.oregon.gov/boli/pages/index.aspx", "phone": "971-673-0761" }, "small_claims": { "limit": 10000, "note": "Circuit court small claims up to $10,000.", "url": "https://www.courts.oregon.gov/" }, "sources": [ { "type": "statute", "label": "ORS 652.140 — payment on termination (official ORS)", "url": "https://www.oregonlegislature.gov/bills_laws/ors/ors652.html" }, { "type": "agency", "label": "Oregon BOLI — wage claims", "url": "https://www.oregon.gov/boli/workers/pages/wage-claims.aspx" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "PA", "name": "Pennsylvania", "slug": "pennsylvania", "statute": "43 P.S. § 260.5 (Wage Payment and Collection Law); § 260.10 (liquidated damages)", "fired": { "text": "Whether you were fired, laid off or you quit, all wages earned become due and payable no later than the employer's next regular payday on which those wages would otherwise have been paid (43 P.S. § 260.5). If you ask, the employer must send the final payment by certified mail.", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation follows the same rule: everything earned is due by the next regular payday. The statute deliberately gives you no shorter deadline, but it also forbids the employer from holding pay to force return of equipment.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated the same way: wages earned are due by the next regular payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "percent_floor", "percent": 25, "floorCents": 50000, "afterDays": 30, "text": "43 P.S. § 260.10: if wages are still unpaid 30 days after the regular payday and there is no good-faith dispute, the employee may recover liquidated damages of 25% of the unpaid wages or $500, whichever is greater, plus a court-awarded attorney's fee.", "formula": "25% of unpaid wages or $500, whichever is greater" }, "pto": { "status": "policy", "text": "Pennsylvania does not treat unused vacation as wages that must be paid at separation unless the employer's written policy or contract creates that obligation." }, "commission": "Commissions and bonuses that are earned are compensation under the WPCL; withholding them at separation is a wage-payment violation unless a written plan says otherwise.", "agency": { "name": "Pennsylvania Department of Labor & Industry — Bureau of Labor Law Compliance", "url": "https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs", "phone": "800-932-0665" }, "small_claims": { "limit": 12000, "note": "Magisterial district judges hear civil claims up to $12,000.", "url": "https://www.pacourts.us/" }, "sources": [ { "type": "agency", "label": "PA DLI — Wage FAQs (final pay by next scheduled payday)", "url": "https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs" }, { "type": "statute", "label": "43 P.S. § 260.5 — separated employees", "url": "https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=43&div=0&chpt=2&sctn=60&subsctn=0" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "RI", "name": "Rhode Island", "slug": "rhode-island", "statute": "R.I. Gen. Laws § 28-14-4; § 28-14-19", "fired": { "text": "Unpaid wages become due on the next regular payday after the separation (R.I. Gen. Laws § 28-14-4).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation follows the same rule: payment on the next regular payday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is a separation: wages due on the next regular payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "none", "text": "Rhode Island does not use a fixed multiple. Instead § 28-14-19 provides interest at 12% a year on the unpaid wages from the date of non-payment, reasonable attorney's fees and costs, and a civil penalty.", "letterText": "Rhode Island law provides interest at twelve per cent a year on the unpaid wages from the date of nonpayment, together with reasonable attorney's fees and costs.", "formula": "12% annual interest + fees (no fixed multiple)" }, "pto": { "status": "required", "text": "Rhode Island requires vacation pay accrued or awarded after at least one year of service to be paid at separation (§ 28-14-4(b))." }, "commission": "Commissions earned before separation are wages and follow the next-payday rule.", "agency": { "name": "Rhode Island Department of Labor and Training", "url": "https://dlt.ri.gov/", "phone": "401-462-8000" }, "small_claims": { "limit": 5000, "note": "District Court small claims up to $5,000.", "url": "https://www.courts.ri.gov/" }, "sources": [ { "type": "statute", "label": "R.I. Gen. Laws § 28-14-4 — payment on separation", "url": "https://webserver.rilegislature.gov/Statutes/TITLE28/28-14/28-14-4.HTM" }, { "type": "statute", "label": "§ 28-14-19 — interest and fees", "url": "https://webserver.rilegislature.gov/Statutes/TITLE28/28-14/28-14-19.HTM" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "SC", "name": "South Carolina", "slug": "south-carolina", "statute": "S.C. Code § 41-10-50", "fired": { "text": "When an employer separates an employee from the payroll for any reason, all wages due must be paid within 48 hours of the separation, or on the next regular payday, which may not be more than 30 days later (S.C. Code § 41-10-50).", "days": 2, "basis": "fixed" }, "quit": { "text": "Resignation is a separation 'for any reason' under § 41-10-50: wages are due within 48 hours or by the next regular payday, capped at 30 days.", "days": 2, "basis": "fixed" }, "layoff": { "text": "A layoff is covered by the same 48-hour rule.", "days": 2, "basis": "fixed" }, "penalty": { "kind": "none", "text": "South Carolina does not add liquidated damages or a waiting-time penalty payable to the employee. A violation of § 41-10-50 is a misdemeanour, and the practical remedy is a claim for the wages through the Department of Labor, Licensing and Regulation or magistrate court.", "letterText": "South Carolina does not add liquidated damages to the employee's claim; a violation of S.C. Code § 41-10-50 is a misdemeanour, and the remedy here is the wages themselves.", "formula": "no employee-side penalty" }, "pto": { "status": "policy", "text": "South Carolina requires payout of accrued vacation only if the employer's written policy or contract provides for it." }, "commission": "Commissions earned before separation are wages due under § 41-10-50 and follow the same 48-hour rule.", "agency": { "name": "South Carolina Department of Labor, Licensing and Regulation", "url": "https://llr.sc.gov/labor/", "phone": "803-896-4300" }, "small_claims": { "limit": 7500, "note": "Magistrate court small claims up to $7,500.", "url": "https://www.sccourts.org/" }, "sources": [ { "type": "statute", "label": "S.C. Code § 41-10-50 — payment of wages due discharged employees", "url": "https://www.scstatehouse.gov/code/t41c010.php" }, { "type": "agency", "label": "SC LLR — labor", "url": "https://llr.sc.gov/labor/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "TX", "name": "Texas", "slug": "texas", "statute": "Tex. Lab. Code § 61.014 (Texas Payday Law)", "fired": { "text": "Final pay is due within six (6) calendar days of the last day of work (Texas Payday Law, Tex. Lab. Code § 61.014). If the sixth day falls on a day the business is normally closed, payment is due the next regular workday.", "days": 6, "basis": "fixed" }, "quit": { "text": "If you quit or resign, final pay is due on the next regularly scheduled payday after your last day. If you gave notice, the employer may end your employment immediately and does not owe wages for the notice period.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff counts as an involuntary separation: final pay is due within six (6) calendar days, the same as a discharge.", "days": 6, "basis": "fixed" }, "penalty": { "kind": "none", "text": "The Texas Payday Law does not add a waiting-time penalty that is payable to the employee. The remedy is a wage claim filed with the Texas Workforce Commission, which can order the employer to pay the wages found due and can penalise the employer administratively.", "formula": "no employee-side penalty" }, "pto": { "status": "policy", "text": "Unused vacation, holiday, sick leave and severance are owed only if the employer's written policy or agreement provides for them (TWC guidance)." }, "commission": "Bonuses and commission-based wages are due in the timely manner set by the agreement between you and the employer; if the plan sets a payment date, that date controls.", "agency": { "name": "Texas Workforce Commission — Labor Law Section", "url": "https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law", "phone": "800-832-9243" }, "small_claims": { "limit": 20000, "note": "Justice courts hear small claims up to $20,000 (Texas Rules of Civil Procedure, Rule 500.3).", "url": "https://www.txcourts.gov/rules-forms/rules-standards/" }, "sources": [ { "type": "agency", "label": "TWC — Texas Payday Law (final wages section)", "url": "https://www.twc.texas.gov/programs/wage-and-hour/texas-payday-law" }, { "type": "agency", "label": "TWC — Final Pay (section 61.014 timing)", "url": "https://efte.twc.texas.gov/final_pay.html" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "UT", "name": "Utah", "slug": "utah", "statute": "Utah Code § 34-28-5", "fired": { "text": "Wages become due immediately when you are separated, and the employer must pay them within 24 hours of separation. Mailing with a postmark no more than one day after separation, initiating a direct deposit, or hand delivery all satisfy the 24-hour rule (Utah Code § 34-28-5(1)).", "days": 1, "basis": "fixed" }, "quit": { "text": "If you resign without a written contract for a definite period, wages are due and payable on the next regular payday (§ 34-28-5(2)).", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A separation from the payroll follows the same rule: wages due immediately, paid within 24 hours (Utah Code § 34-28-5(1)).", "days": 1, "basis": "fixed" }, "penalty": { "kind": "daily_wage_days", "capDays": 60, "text": "Utah Code § 34-28-5(1)(c): if the employer fails to pay within 24 hours of a written demand, your wages continue to accrue at the same rate you received at separation, until paid, for up to 60 days. The claim must be brought within 60 days of separation, and no penalty accrues without a written demand — this letter is that demand.", "letterText": "Utah Code § 34-28-5(1)(c) provides that on failure to pay wages within 24 hours of written demand, the wages continue from the date of demand until paid, not exceeding 60 days, at the same rate received at the time of separation, recoverable in a civil action commenced within 60 days of the date of separation.", "formula": "daily wage x days unpaid after written demand (max 60 days)" }, "pto": { "status": "policy", "text": "Utah requires payout of accrued vacation only if the employer's written policy provides for it." }, "commission": "Commissions earned under the employment agreement are wages due on the next regular payday at separation.", "agency": { "name": "Utah Labor Commission — Wage Claims", "url": "https://laborcommission.utah.gov/divisions/antidiscrimination-and-labor/wage-claims", "phone": "801-530-6800" }, "small_claims": { "limit": 11000, "note": "Justice court small claims up to $11,000.", "url": "https://www.utcourts.gov/" }, "sources": [ { "type": "statute", "label": "Utah Code § 34-28-5 — separation from payroll (official)", "url": "https://le.utah.gov/xcode/Title34/Chapter28/34-28-S5.html" }, { "type": "agency", "label": "Utah Labor Commission — wage claims", "url": "https://laborcommission.utah.gov/divisions/antidiscrimination-and-labor/wage-claims" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "VT", "name": "Vermont", "slug": "vermont", "statute": "21 V.S.A. § 342; § 347", "fired": { "text": "An employee who is discharged must be paid in full within 72 hours of the discharge (21 V.S.A. § 342).", "days": 3, "basis": "fixed" }, "quit": { "text": "An employee who leaves voluntarily is paid on the last regular pay day, or if there is no regular pay day, on the following Friday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is treated as a discharge: payment within 72 hours.", "days": 3, "basis": "fixed" }, "penalty": { "kind": "none", "text": "Vermont does not add a computable liquidated-damages formula to the wages. The remedy is the unpaid wages through the Department of Labor or small claims court, with costs where the statute allows.", "formula": "no fixed statutory penalty" }, "pto": { "status": "policy", "text": "Vermont treats accrued vacation as wages when the employer's policy creates the right; earned time is payable at separation unless a valid policy ends it." }, "commission": "Commissions earned under the employment agreement are wages under § 342 and follow the same deadline.", "agency": { "name": "Vermont Department of Labor — Wage and Hour", "url": "https://labor.vermont.gov/wage-hour", "phone": "802-951-4000" }, "small_claims": { "limit": 5000, "note": "Superior Court small claims up to $5,000.", "url": "https://www.vermontjudiciary.org/" }, "sources": [ { "type": "statute", "label": "21 V.S.A. § 342 — payment on separation", "url": "https://legislature.vermont.gov/statutes/section/21/005/00342" }, { "type": "agency", "label": "Vermont DOL — wage and hour", "url": "https://labor.vermont.gov/wage-hour" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "VA", "name": "Virginia", "slug": "virginia", "statute": "Va. Code § 40.1-29", "fired": { "text": "On termination of employment the employee must be paid all wages due for work performed, on or before the date the employee would have been paid had employment continued (Va. Code § 40.1-29).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation follows the same rule: wages for work performed are due on or before the date you would have been paid had you stayed.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is a termination for this purpose: final wages are due on or before the next scheduled pay date.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "none", "text": "Virginia does not add a liquidated-damages formula for the employee. § 40.1-29 instead provides civil penalties payable to the Commonwealth, back-wage restitution ordered by the Commissioner or a court, and the Commissioner's power to investigate and issue subpoenas.", "letterText": "Virginia does not add a liquidated-damages formula to the employee's claim; Va. Code § 40.1-29 provides for administrative enforcement, restitution of the wages found due, and civil penalties.", "formula": "no employee-side liquidated damages" }, "pto": { "status": "policy", "text": "Virginia treats earned vacation as wages when the employer's policy creates the right; without a written forfeiture policy the balance is treated as payable at separation." }, "commission": "Commissions earned under the employment agreement are wages under § 40.1-29; the written plan controls when a commission is earned.", "agency": { "name": "Virginia Department of Labor and Industry", "url": "https://www.doli.virginia.gov/labor-law/", "phone": "804-371-2327" }, "small_claims": { "limit": 5000, "note": "General District Court small claims division, up to $5,000.", "url": "https://www.vacourts.gov/courts/gd/home.html" }, "sources": [ { "type": "statute", "label": "Va. Code § 40.1-29 — time and medium of payment", "url": "https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/" }, { "type": "agency", "label": "Virginia DOLI — labor law", "url": "https://www.doli.virginia.gov/labor-law/" } ], "verified": "2026-11-03", "tier": "verified" }, { "code": "WA", "name": "Washington", "slug": "washington", "statute": "RCW 49.48.010; RCW 49.52.070 (double damages)", "fired": { "text": "When employment ends, whether by discharge or voluntary withdrawal, wages due must be paid at the end of the established pay period (RCW 49.48.010). Washington employers must also pay all wages due on the next regular payday, which for most is the end of that pay period.", "days": 14, "basis": "next_payday" }, "quit": { "text": "Same rule on resignation: wages are due at the end of the established pay period in which you stopped working.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff follows the same rule: wages due at the end of the established pay period.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "multiplier", "multiplier": 2, "text": "RCW 49.52.070: an employer that wilfully withholds wages is liable for twice the amount withheld, and RCW 49.48.030 adds reasonable attorney's fees to a successful claim. A genuine dispute over the amount defeats the doubling, so wilfulness is where these claims are usually fought.", "formula": "wages withheld x 2 (double damages) + attorney's fees", "letterText": "RCW 49.52.070 makes an employer that wilfully withholds wages liable for twice the amount withheld, and RCW 49.48.030 allows reasonable attorney's fees on a successful claim." }, "pto": { "status": "policy", "text": "Accrued vacation is wages in Washington when the employer's policy or contract creates the right; the policy decides, and L&I treats earned vacation as payable at separation." }, "commission": "Commissions that are earned are wages under RCW 49.48.010; a written plan may set when a commission is earned but cannot retroactively forfeit it.", "agency": { "name": "Washington State Department of Labor & Industries — Employment Standards", "url": "https://lni.wa.gov/workers-rights/wages/", "phone": "360-902-5316" }, "small_claims": { "limit": 10000, "note": "District court small claims up to $10,000.", "url": "https://www.courts.wa.gov/court_dir/?fa=court_dir.dist" }, "sources": [ { "type": "statute", "label": "RCW 49.48.010 — wages due at end of pay period", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.010" }, { "type": "agency", "label": "WA L&I — wages", "url": "https://lni.wa.gov/workers-rights/wages/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "WV", "name": "West Virginia", "slug": "west-virginia", "statute": "W. Va. Code § 21-5-4; § 21-5-4a (written demand)", "fired": { "text": "On discharge, resignation or any other separation, wages due for work already performed must be paid on or before the next regular payday on which those wages would otherwise be payable (W. Va. Code § 21-5-4).", "days": 14, "basis": "next_payday" }, "quit": { "text": "Resignation is covered by the same rule: payment on or before the next regular payday.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff is a separation for this purpose: wages due by the next regular payday.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "multiplier", "multiplier": 2, "text": "W. Va. Code § 21-5-4a: liquidated damages of twice the unpaid wages and attorney's fees are available, but only to an employee who first makes a written demand and gives the employer the statutory period to pay. This letter is that demand.", "letterText": "West Virginia law allows liquidated damages of twice the unpaid wages, with attorney's fees, where the employer fails to pay after a written demand and the statutory period. This letter is that written demand.", "formula": "unpaid wages x 2 after a written demand" }, "pto": { "status": "policy", "text": "West Virginia does not require payout of unused vacation unless the employer's written policy or an agreement provides for it." }, "commission": "Commissions earned before separation are wages under § 21-5-4 and follow the same payday rule.", "agency": { "name": "West Virginia Division of Labor — Wage and Hour", "url": "https://labor.wv.gov/", "phone": "304-558-7890" }, "small_claims": { "limit": 10000, "note": "Magistrate court small claims up to $10,000.", "url": "https://www.courtswv.gov/" }, "sources": [ { "type": "statute", "label": "W. Va. Code § 21-5-4 — payment on separation", "url": "https://code.wvlegislature.gov/21-5-4/" }, { "type": "statute", "label": "W. Va. Code § 21-5-4a — written demand before damages", "url": "https://code.wvlegislature.gov/21-5-4a/" } ], "verified": "2026-11-03", "tier": "single" }, { "code": "WI", "name": "Wisconsin", "slug": "wisconsin", "statute": "Wis. Stat. §§ 109.03, 109.11", "fired": { "text": "A discharged employee must be paid in full no later than the date the employee would regularly have been paid under the employer's established payroll schedule (Wis. Stat. § 109.03(1)).", "days": 14, "basis": "next_payday" }, "quit": { "text": "An employee who quits must be paid in full by the next date on which the employee would regularly have been paid under the payroll schedule.", "days": 14, "basis": "next_payday" }, "layoff": { "text": "A layoff follows the same rule: payment in full by the next regular payroll date.", "days": 14, "basis": "next_payday" }, "penalty": { "kind": "percent", "percent": 50, "text": "Wis. Stat. § 109.11: in addition to the wages due, the department or a court may award increased wages of up to 50% of the amount owed unless the employer shows extreme hardship.", "formula": "up to 50% of the unpaid wages as increased wages" }, "pto": { "status": "policy", "text": "Wisconsin treats vacation pay as wages when the employer's policy or contract creates it; earned vacation must be paid unless a valid written policy provides otherwise." }, "commission": "Commissions are wages under § 109.03 when earned; the employer's established plan sets the earning event, and the payroll-schedule deadline still applies at separation.", "agency": { "name": "Wisconsin Department of Workforce Development — Equal Rights Division", "url": "https://dwd.wisconsin.gov/er/laborstandards/", "phone": "608-224-7459" }, "small_claims": { "limit": 10000, "note": "Circuit court small claims up to $10,000.", "url": "https://www.wicourts.gov/" }, "sources": [ { "type": "statute", "label": "Wis. Stat. § 109.03 — when wages must be paid", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03" }, { "type": "statute", "label": "Wis. Stat. § 109.11 — increased wages up to 50%", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11" } ], "verified": "2026-11-03", "tier": "verified" } ] }