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Final paycheck law in Pennsylvania: when your last wages are due

Pennsylvania sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.

Statute
43 P.S. § 260.5 (Wage Payment and Collection Law); § 260.10 (liquidated damages)
If you were fired
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.
If you resigned
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.
If you were laid off
A layoff is treated the same way: wages earned are due by the next regular payday.
Late-pay penalty
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.
Unused vacation
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.
Commissions & bonus
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.
Where to file
Pennsylvania Department of Labor & Industry — Bureau of Labor Law Compliance · 800-932-0665
Small claims limit
$12,000 for an individual — Magisterial district judges hear civil claims up to $12,000. · court self-help
Last verified
2026-11-03 two sources agree

What Pennsylvania law actually requires

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.

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.

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.

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.

What being late is worth

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.

On $2,000.00 of unpaid wages, the liquidated damages would be $500.00 (the $500 floor only matters on small claims). Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.

If they still don't pay

File with the Pennsylvania Department of Labor & Industry — Bureau of Labor Law Compliance, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Pennsylvania is $12,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.

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Questions people ask about Pennsylvania

When is my final paycheck due in Pennsylvania?

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.

I quit — does the deadline change in Pennsylvania?

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.

Does Pennsylvania require unused vacation to be paid out?

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.

What can I do if my employer misses the deadline in Pennsylvania?

Two routes: file a wage claim with the Pennsylvania Department of Labor & Industry — Bureau of Labor Law Compliance (https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act/wage-faqs), or sue in small claims court where an individual's claim limit is $12,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.

Reviewed 2026-11-03 · reviewed again every 90 days.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

Other states

Rhode Island · South Carolina · Texas · all states