Employment Law Alliance



PAY DAYS AND PAY PERIODS

STATE BY STATE SURVEY

|STATE |PAY DAYS/PAY PERIODS |NOTICE REQUIREMENTS |PAYMENT ON TERMINATION |15TH & LAST DAY COMPLIANT? |

|ALABAMA |Employers with more than 50 employees |There are no posting requirements |This issue has not been addressed by |YES |

| |are paid at least biweekly or twice |regarding payment of wages in this |the law in this state other than with | |

| |during each calendar month. Ala Code |state. |respect to commissioned sales agents | |

| |§37-8-270 | |who must be paid by the next pay | |

| | | |period. | |

|ALASKA |Monthly pay periods may be agreed to |Employers with employees subject to |Involuntary discharge: must be paid |YES |

| |in initial employment contract. |the Alaska Wage and Hour Act must post|within 3 working days of termination. | |

| |Otherwise, employees may elect monthly|a copy of the act. Alaska Stat. |Resignation: payment due at the next | |

| |or semi-monthly pay period. Alaksa |§15.905. Employees must be given |pay period that is at least 3 working | |

| |Stat. §23.05.140(a) |written notice of payday at time of |days after the employer receives | |

| | |hire (including rate of pay), and |notice of separation. Alaska Stat. | |

| | |posting of regular paydays in |§23.05.140(b) | |

| | |workplace is required. Any change to | | |

| | |this information must also be provided| | |

| | |to the employee in writing prior to | | |

| | |the change taking effect. Alaska | | |

| | |Stat. §23.05.160 | | |

|ARIZONA |Employers must designate 2 or more |Employers must post a copy of the |Involuntary discharge: Employees must |YES |

| |fixed paydays not more than 16 days |minimum fair wage order. Ariz. Rev. |be paid within 3 working days of | |

| |apart. Ariz. Rev. Stat. 23-351(A) It|Stat. §23-284(B). |discharge or by the end of the next | |

| |is also recommended that notice of | |pay period – whichever is sooner. | |

| |paydays be given to employees (i.e., | |Ariz. Rev. Stat. §23-353(A) | |

| |employee handbook). | |Resignation: Wages must be paid at the| |

| | | |next regular pay period, if requested | |

| | | |by employee they shall be paid by | |

| | | |mail. Ariz. Rev. Stat. §23-353(B). | |

|ARKANSAS |Employers must pay employees on a |Employers must post a copy or summary |Involuntary discharge: Employees must |YES |

| |semi-monthly basis, except for |of the Minimum Wage Act. Ark. Code |be paid at time of next regular pay | |

| |individuals who qualify as highly |Ann. §11-4-216(a). |period unless employee has requested a| |

| |compensated under the FLSA who may be | |check and then the employee must be | |

| |paid monthly. Ark. Code Ann. | |paid within seven days or at the next | |

| |§11-4-401(a). | |regular pay period – whichever is | |

| | | |sooner. Resignation: Employees must | |

| | | |be paid at the next regularly | |

| | | |scheduled pay period. Ark. Code Ann. | |

| | | |§§ 11-4-405(a)(1), 11-4-405(b). | |

|CALIFORNIA |Employers must pay employees twice |Employers must also post a notice |Involuntary discharge: All wages |YES |

| |during a calendar month typically the |proscribing the regular paydays and |(including vacation) are due at the | |

| |15th and last day of the month. |time and place of payment. Id. § 207.|time and place of discharge. Cal. | |

| |Alternate dates may be used so long as| |Lab. Code §§201, 208. Resignation: | |

| |payment of pages is not more than 7 | |Wages are due within 72 hours of | |

| |days following the close of the | |notice of resignation. Cal. Lab. Code| |

| |payroll period. Cal. Lab. Code § 204.| |§ 208. | |

|COLORADO |Pay periods must be regular and may |Employers must post a wage order |Involuntary discharge: Wages are due |YES |

| |not exceed the longer of 30 days or a |poster. Employers must also |immediately upon discharge. If the | |

| |calendar month. The period must occur|conspicuously post a notice informing |payroll unit for the employer is | |

| |not more than 10 days after the close |employees of both regular paydays and |onsite this payment must be within 6 | |

| |of a pay period unless the employee |the time and place of payment, |hours; if offsite the payment must be | |

| |and employer have agreed otherwise. |including changes to these items. |within 24 hours. Colo. Rev. Stat. | |

| |Colo. Rev. Stat. § 8-4-103(1) |Colo. Code Regs. §1103-1(12). |§8-4-109(1)(a). Resignation: Wages | |

| | | |are due at next regularly scheduled | |

| | | |payday. Id. §8-4-109(1)(b). | |

|CONNECTICUT |Employers must pay employees on a |Employers must post a copy of the wage|Involuntary discharge: Wages must be |NO – employers who wish to pay |

| |weekly payday. Each pay period must be|orders specific to its employees. |paid no later than the business day |employees less frequently than once a |

| |no more than 8 days after the pay | |next succeeding the day of discharge. |week must apply to the CTDOL for |

| |period for which payment is made. | |Resignation: Wages are to be paid no |permission to do so long as the |

| |Conn. Gen. Stat. §§31-71a et seq., | |later than the next regular payday. |employee is paid on regular pay |

| |31-71b(b) | |Payments of fringe benefits (vacation |periods at least once a month. Conn. |

| | | |days, etc.) is required only if |Gen. Stat. §31-76i. |

| | | |employer has such a policy. Conn. | |

| | | |Gen. Stat. §§31-71c(a), 31-71c(b) | |

| | | |Conn. Gen. Stat. §31-76k. | |

|DELAWARE |Payday must be at least once a month. |Employers must post the Minimum Wage |All employees must receive payment by |YES |

| |If the payday falls on a non-work day,|Act and the Wage Payment Act. |the next regular payday after their | |

| |payment shall be the preceding day. |Employers must also notify employees |discharge/termination. 19 Del. Code | |

| |Payment of wages must be within 7 days|in writing at the time of hire of the |Ann. §1103(a). | |

| |of the close of the pay period in |rate of pay and day, hour, and place | | |

| |which the wages were earned. 19 Del. |of payment. Changes to the above must| | |

| |Code Ann. §1102(a)-(b). |be provided to the employee in writing| | |

| | |or placed in a conspicuous place prior| | |

| | |to the change. 19 Del. Code Ann. §§ | | |

| | |908, 1108. | | |

|DISTRICT OF COLUMBIA |Generally, wages must be paid twice a |No posting requirement specific to |Involuntary discharge: Wages are due |YES |

| |calendar month. Paydays must be |posting of wages, but employers must |on the next working day following the | |

| |regular and designated in and advance.|post a summary of wage and hour law. |termination. Resignation: Wages are | |

| |There cannot be more than 10 working |D.C. Code §32-1009. |due no later than the next regular | |

| |days between the close of a pay period| |payday or within 7 days, whichever is | |

| |and payday. D.C. Code §32-1302. | |earlier. D.C. Code §32-1303(1) | |

|FLORIDA |This issue has not been addressed by |This issue has not been addressed by |This issue has not been addressed by |YES |

| |the laws of this state. |the law in this state. |the law in this state. | |

|GEORGIA |Employers may decide the dates of |This issue has not been addressed by |This issue has not been addressed by |YES |

| |payment of wages so long as the dates |the law in this state. |the law in this state. | |

| |selected divide the month into at | | | |

| |least two equal periods and so long as| | | |

| |the payments made on each date pay the| | | |

| |employee the full amount due for the | | | |

| |pay period in which the payment is | | | |

| |made. Ga. Code Ann. §34-7-2 | | | |

|HAWAII |Employees must be paid at least twice |At time of hire, employer must provide|Involuntary discharge: Wages must be |YES |

| |a month on regular paydays designated |employee with rate of pay and time and|paid at time of discharge unless | |

| |in advance by the employer. There |place of payment. Employers must also|employer can prove it was impossible | |

| |cannot be more than 7 days between the|post a notice pertaining to the |to do so (i.e., employee fired for | |

| |close of the pay period and the |application of the Wage and Hour Law. |misconduct and accounting was closed) | |

| |payday. Haw. Rev. Stat. §388-2(a)-(b)|Haw. Rev. Stat. §§, 387-6(c), |or no later than the next working day.| |

| | |388-7(1). |Resignation: Wages must be paid on | |

| | | |last day if employer was provided at | |

| | | |least one day’s notice of the | |

| | | |employee’s last day; otherwise, | |

| | | |payment is due no later than the next | |

| | | |regular payday. Haw. Rev. Stat. | |

| | | |§388-3(a)-(b) | |

|IDAHO |Employers must pay employees at least |At the time of hiring, employers shall|All employees terminated involuntarily|YES |

| |once during each calendar month on |give notice of rate of pay and usual |or voluntarily shall be paid wages at | |

| |regular paydays designated in advance |day of payment. Employers must |the next regularly scheduled pay day | |

| |by employer. The end of the pay |provide this information in writing if|or within 10 days of the termination –| |

| |period shall not be more than 15 days |so requested. Employers must also |whichever is sooner (weekends and | |

| |before such a regular payday. If the |post a summary of the Minimum Wage |holidays are excluded). If the | |

| |regular payday falls on a non-working |Act. Idaho Code §§45-610(2), 45-1507.|employee makes a written request for | |

| |day, payment shall be made on the | |the wages sooner, then wages are due | |

| |preceding working day. Idaho Code | |within 48 hours of receipt of the | |

| |§45-608(1)-(2) | |written request. Idaho Code §45-606 | |

|ILLINIOS |Wages must be paid no later than 13 |Employers must post the Minimum Wage |Wages must be paid to all employees on|YES |

| |days after the end of the semimonthly |Law. Employer must also post one or |their last day, if possible, but no | |

| |or biweekly pay period in which they |more notices stating the date, time, |later than the next regularly | |

| |are earned. Payments to bona fide |and place of payment of wages. 820 |scheduled payday. 56 Ill. Admin. Code | |

| |administrative, executive, or |Ill. Comp Stat. 105/9, 205/6 |§300.600 | |

| |professional employees must be made on| | | |

| |an at least semimonthly or biweekly | | | |

| |basis. If paid weekly they must be | | | |

| |paid no later than 7 days after they | | | |

| |are earned. 820 Ill. Comp. Stat. 115/4| | | |

|INDIANA |Employers must pay employees at least |Employers must post minimum wage |Involuntary Discharge: Wages are to be|MAYBE – Employers who pay every two |

| |semimonthly or biweekly, if requested.|requirements. Ind. Code Ann. |not more than 10 days after the wages |weeks are likely okay, but there is |

| |Payment must be made not more than 10 |§22-2-2-8. |are earned. Ind. Code Ann. §22-2-9-2. |currently a bill pending in the |

| |days after the wages were earned. | |Resignation: Wages must be paid at |legislation regarding this issue. |

| |Employers may pay in longer or shorter| |next regularly scheduled payday. Ind.| |

| |intervals. Ind. Code Ann. | |Code Ann. §22-2-5-1(b) | |

| |§22-2-5-1(a)-(b) | | | |

|IOWA |Employers must pay employees on |Employers must post a notice |All terminated employees (voluntarily |YES |

| |regular paydays that occur in |explaining the Iowa Minimum Wage Act. |or involuntarily) must be paid their | |

| |consistent intervals that are | |wages no later than the next regularly| |

| |pre-designated by the employer | |scheduled payday. Iowa Code §91A.4. | |

| |(monthly, bi-weekly, or semimonthly). | | | |

| |Payments must not be more than 12 days| | | |

| |(excluding weekends) after the end of | | | |

| |the pay period in which the wages are | | | |

| |earned. Iowa Code §91A.3 | | | |

|KANSAS |Employers must pay all wages due at |There are no posting requirements |All terminated employees (voluntarily |YES |

| |least once a calendar month on regular|regarding payment of wages. |and involuntarily) must be paid their | |

| |paydays designated in advance by the | |wages no later than the next regular | |

| |employer. The pay period shall not be | |payday. Kan. Stat. Ann. §44-344 | |

| |more than 15 days after the end of the| | | |

| |pay period for which payment is made. | | | |

| |Kan. Stat. Ann. §44-314(a)-(b) | | | |

|KENTUCKY |Employers are required to pay |Employers must post wage and hour laws|All terminated employees (voluntarily |YES. |

| |employees semimonthly all wages due |codified in sections 337.275 – |of involuntarily) must be paid their | |

| |not more than 18 days prior. Ky Rev. |337.325, 337.345 and 337.385 to |wages (including bonuses) at the next | |

| |Stat. Ann §337.020. |337.405 of the Kentucky Revised |regular payday or within 14 days. Ky.| |

| | |Statutes. Ky Rev. Stat. Ann §337.325. |Rev. Stat. Ann. §377.020. | |

|LOUISIANA |Paydays must come as near to 2 weeks |Employers must inform employees at the|All terminated employees (voluntarily |YES |

| |apart as practical. La. Rev. Stat. |time of hire what wages they will be |and involuntarily) must be paid their | |

| |23:633 |paid and the method and frequency of |wages on the next regular payday or 15| |

| | |payment. Any changes to the above |days from the termination, whichever | |

| | |must be communicated to the employee. |is sooner. Wages are to be paid at | |

| | |La. Rev. Stat. 23:633(A) |the place and in the manner of wages | |

| | | |paid during employment. Employers may| |

| | | |also mail an employee his last | |

| | | |paycheck to the correct address as | |

| | | |listed in the employee’s records. La.| |

| | | |Rev. Stat. 23:631(A)(1)(a) | |

|MAINE |Employers must pay employees at |Employers are required to post Minimum|All terminate employees (voluntarily |YES |

| |regular intervals not greater than 16 |Wage and Overtime Law obligations. |and involuntarily) must be paid all | |

| |days. The date for payment must be |Employers must also post a poster |wages owed to them within a reasonable| |

| |established and known to all |entitled “Regulation of Employment," |time of their termination. Reasonable| |

| |employees. The paycheck must include |which includes a description |is defined as the next scheduled pay | |

| |all wages earned within 8 days of the |of Maine's wage payment laws.  Me. |day or a day not more than 2 weeks | |

| |payment date. Me. Rev. Stat. Ann. |Rev. Stat. Ann. Tit. 26, §622 |after the day of the termination. Me.| |

| |Tit. 26, §621-A(1) | |Rev. Stat. Ann. Tit. 26, §626 | |

|MARYLAND |Employer must set regular pay periods |Employers are required to post a |All terminated employees (voluntarily |YES |

| |and pay employees at least every two |summary of the subtitled for wages and|and involuntarily) must be paid their | |

| |weeks or twice a month. If the |hours in a format that the |wages on the next regular payday. Md.| |

| |scheduled payday is on a non working |Commissioner approves and a copy or |Code Ann. Labor and Employment Art. | |

| |day, payment must be made on the |summary of each regulation that is |§3-505. | |

| |receding workday. Md. Code Ann. Labor|adopted to carry out the subtitle. | | |

| |and Employment Art. §3-502(a)-(b). |Md. Code Ann. Labor and Employment | | |

| | |Art. §3-423. | | |

|MASSACHUSETTS |Employers may pay employees bi-weekly |Employers are required to post minimum|Involuntary discharge: Wages must be |YES |

| |or semimonthly if they are salaried |wage requirements and other provisions|paid in full at the time of discharge.| |

| |employees or if they work in a bona |of M.G.L. c.151 and 455 CMR 2.00 as |Resignation: Wages must be paid at the| |

| |fide executive, administrative, or |the Director may require. 455 CMR |next regularly scheduled payday. | |

| |professional capacity. M.G.L. ch. |Section 2.06(1). |M.G.L. ch. 149, §148 | |

| |149, §148. | | | |

|MICHIGAN |Generally, employers are to pay |Employers are to post the Payment of |All terminated employees (voluntarily |YES |

| |employees on the 1st and 15th of the |Wages and Fringe Benefits Act. Mich. |and involuntarily) must be paid their | |

| |month. However, employers who have |Comp. Laws §408.391. |wages as soon as the amount earned can| |

| |established regular bi-weekly payment | |be determined, with due diligence. | |

| |will be in compliance with this | |Mich. Comp. Laws §408.475. | |

| |requirement. Payments on the 15th of | | | |

| |the month must include wages earned | | | |

| |from the 16th of the previous month to| | | |

| |the last day paid. Mich. Comp. Laws | | | |

| |§408.472(1)-(3). | | | |

|MINNESOTA |Employers must pay employees at least |Employers subject to the MFLSA must |Involuntary discharge: Wages are due |YES |

| |once every 31 days on a regularly |post summaries of the act and |at the time of termination and no | |

| |scheduled payday. Minn. Stat. |applicable rules. Minn. Stat. §177.31|later than 24 hours after the | |

| |§181.101. | |employee’s termination. Resignation: | |

| | | |Wages are due no later than the next | |

| | | |regularly scheduled payday. Minn. | |

| | | |Stat. §§181.13, 181.14. | |

|MISSISSIPPI |There are no laws applicable to |There are no posting requirements in |This issue has not been addressed by |YES |

| |employees employed in an executive, |this state. |the law in this state. | |

| |administrative or professional | | | |

| |capacity. Private employers with 50 | | | |

| |or more employees in manufacturing or | | | |

| |public service corporations are | | | |

| |required to pay employees every 2 | | | |

| |weeks. Payment must include all wages| | | |

| |for work performed not more than ten | | | |

| |days prior to the time of payment. | | | |

| |Miss. Code Ann. §71-135(1)-(2). | | | |

|MISSOURI |Employers must pay wages to employees |Employers must post a poster that |All terminated employees (voluntarily |YES |

| |at least semimonthly, within 16 days |provides a summary of minimum wage, |and involuntarily) must be paid all | |

| |of the close of each period. Mo. Rev.|overtime, and wage payment laws. Mo. |wages owed at time of discharge unless| |

| |Stat. §290.080. |Stat. Rev. §290.522. |the employee requests, in writing, | |

| | | |that the check be mailed to him, then | |

| | | |payment is due in 7 days. Mo. Rev. | |

| | | |Stat. §290.110. | |

|MONTANA |Employers must pay employees all wages|Unless exempt, employers must post |Involuntary discharge: Wages are due |YES |

| |earned not later than 10 business days|notices pertaining to the |immediately upon separation unless | |

| |after the work was performed. Mont. |applicability prescribed in the Wage |there is a written personnel policy | |

| |Code. Ann. §39-3-204. |and Hour Section of the Mont. Code. |that extends the time for payment | |

| | |Ann. statutes. |until the next regular pay period or | |

| | | |15 days from separation, whichever is | |

| | | |sooner. Resignation: Wages are due | |

| | | |the next regular pay period or 15 days| |

| | | |from separation, whichever is sooner. | |

| | | |Mont. Code. Ann. §39-3-205. | |

|NEBRASKA |Employers are required to pay |Employers must post a summary of the |This issue has not been addressed by |YES |

| |employees on regular days designated |Nebraska Wage and Hour Act. Neb. Rev.|this state. | |

| |by the employer. Neb. Rev. Stat. |Stat. §48-1205. Employers must give | | |

| |§48-1230. |30 days notice prior to changing | | |

| | |paydays. Neb. Rev. Stat. §48-1230. | | |

|NEVADA |Employers must establish regular |Employers must post the dates, time |Involuntary discharge: Wages are due |YES |

| |paydays and places of payment. |and place of payment. This cannot be |at the time of termination. Nev. Rev.| |

| |Paydays must be at least semimonthly. |changed without at least 7 days |Stat. §608.020. Resignation: Wages | |

| |Nev. Rev. Stat. §§608.060, 608.080(1).|written notice. Nev. Rev. Stat. |are due within seven days or at the | |

| | |§§608.090, 608.080(2). Employers must|next regularly scheduled payday, | |

| | |post a printed abstract of the Nev. |whichever is sooner. Nev. Rev. | |

| | |Rev. Stat. chapter regarding |Stat.608.030. | |

| | |compensation of employees. | | |

|NEW HAMPSHIRE |Employers must pay employees all wages|Employers must post a copy of the |Involuntary discharge: Wages are due |NO – employers must seek permission |

| |no later than 8 days (including |minimum wage. N.H. Rev. Stat. Ann. |within 72 hours of termination. |from the Commissioner of Labor to do |

| |Sunday) after the end of the week in |ch. 275, §49. |Resignation: Wages are due at the next|so. |

| |which the work was performed. | |regularly scheduled pay day unless the| |

| |Employers may be permitted to pay less| |employee gives at least one pay | |

| |frequently if they show “good and | |period’s notice of his intent to quit | |

| |sufficient reason” to the Commissioner| |in which case the employer must pay | |

| |of Labor. In all cases wages must be | |wages within 72 hours of the | |

| |paid at least once per calendar month | |employee’s last day. N.H. Rev. Stat. | |

| |on a regularly designated payday. | |Ann. ch. 275, §44. | |

| |N.H. Rev. Stat. Ann. ch. 275, §43. | | | |

|NEW JERSEY |Employers must pay employees at least |Employers must notify all employees of|All terminated employees (voluntarily |YES |

| |twice a month during each calendar |their rate of pay and the regular |or involuntarily) must be paid their | |

| |month on regular paydays designated in|designated paydays. Employers must |wages no later than the next regularly| |

| |advance by the employer. Certain |inform employees in advance to changes|scheduled payday. N.J. Stat. Ann. | |

| |employees may be paid less frequently |to either the rate of pay or |§34:11-4.5. | |

| |if they are bona fide executive, |designated payday. N.J. Stat. Ann. | | |

| |administrative, or professional |§11-4.6(a)-(b). Employers must post a| | |

| |employees. N.J. Stat. Ann. |summary of the minimum wage law. N.J.| | |

| |§34:11-4.1c. |Stat. Ann. §11-56a21. | | |

|NEW MEXICO |Employers must establish regular |Employers must post the Minimum Wage |Involuntary discharge: If the |NO |

| |paydays no more than 16 days apart. |Act. N.M. Stat. Ann. §50-4-25. |employee’s wage are fixed, wages are | |

| |Wages for work performed from the 1st | |due immediately and must be paid no | |

| |to the 15th must be paid no later than| |later than 5 days after the employee’s| |

| |the 25th day of the same month; wages | |termination; If the employee’s wages | |

| |for work performed from the 16th to | |are task based, piece rate or | |

| |the last day of the month must be paid| |otherwise require calculation, wages | |

| |no later than then 10th day of the | |are due no later than 10 days after | |

| |following month. However, if the | |termination. Resignation: Wages are | |

| |preparation of payroll is performed | |due at the next regularly scheduled | |

| |outside of the state, the employers | |payday. N.M. Stat. Ann. §§50-4-4, | |

| |are given an extra 5 day grace period.| |50-4-5. | |

| |N.M. Stat. Ann. §50-4-1(A). | | | |

|NEW YORK |Most non-exempt employees must be paid|Employers are required to post the New|All terminated employees (voluntarily |YES |

| |no less than semimonthly on regular |York minimum wage poster. N.Y. Lab. |and involuntarily) must be paid all | |

| |paydays designated in advance. Manual|Law §161. |wages due no later than the regular | |

| |worker generally must be paid weekly. | |payday for the period in which they | |

| |N.Y. Lab. Law §191(1)(d). | |were terminated. N.Y. Lab. Law | |

| | | |§191(3). | |

|NORTH CAROLINA |Employers must pay their employees on |Employers must display a poster |All terminated employees (voluntarily |YES |

| |a regular payday. The payday may be |summarizing the major provisions of |and involuntarily) must be paid all | |

| |daily, weekly, bi-weekly, semimonthly,|the North Carolina Wage and Hour Act. |wages due no later than the next | |

| |or monthly. N.C. Gen. Stat. §95-25.6.|Employers must also orally or in |regular payday. N.C. Gen. Stat. | |

| | |writing notify employees of the rate |§95-25.6. | |

| | |of pay and date and place of payment | | |

| | |at the time of hire. Employers must | | |

| | |also notify in writing or post the | | |

| | |employment practices and policies with| | |

| | |regard to wages and any changes in | | |

| | |promised wages prior to the time of | | |

| | |changes. N.C. Gen. Stat. §95-25.13. | | |

|NORTH DAKOTA |Employers must pay employees at least |The Commissioner will provide a |All terminated employees (voluntarily |YES |

| |once a month on regularly designated |summary of the rules regarding state |and involuntarily) must be paid all | |

| |paydays. N.D. Cent. Code §34-14-02. |wages and hours to employers and those|wages due no later than the next | |

| | |employers must post them in a |regular payday. N.D. Cent. Code | |

| | |conspicuous place. N.D. Cent. Code |§34-14-02. | |

| | |§34-06-04. | | |

|OHIO |Employers must pay employees all wages|There are no posting requirements |This issue has not been addressed by |YES – if contracted to by employer and|

| |earned in the first half of the month |regarding payment of wages in this |the laws of this state. |employee |

| |no later than the first day of the |state. | | |

| |following month; they must pay | | | |

| |employees wages earned during the last| | | |

| |half of the month no later than the | | | |

| |15th day of the following month. | | | |

| |Employers may pay wages on a daily or | | | |

| |weekly basis. If a profession | | | |

| |customarily pays wages under a longer | | | |

| |time lapse, if the parties enter into | | | |

| |a written contract to pay less | | | |

| |frequently, or if other law controls, | | | |

| |an exception can be made. Ohio Rev. | | | |

| |Code Ann. §4113.15(A) | | | |

|OKLAHOMA |Employers must pay employees at least |Employers must post the notice |All terminated employees (voluntarily |YES |

| |twice monthly on regularly scheduled |furnished by the Commissioner |and involuntarily) must be paid all | |

| |paydays. No more than 11 days may |containing pertinent minimum-wage |wages due no later than the next | |

| |pass between the end of the pay period|provisions. Okla. Stat. tit. 40, |regular payday by the typical means | |

| |and the regular payday. Okla. Stat. |§197.6. |unless the employee requests payment | |

| |tit. 40, §165.2. | |by way of certified mail. Okla. Stat.| |

| | | |tit. 40, §165.3. | |

|OREGON |Employers must establish regular |Employers must post minimum wage |Involuntary discharge: must be paid |YES |

| |paydays at which date employees shall |posters. Or. Rev. Stat. §653.050. |their earned wages no later than the | |

| |be paid the wages owed to them. | |end of the first business day after | |

| |Paydays may not be more than 35 days | |their termination. Resignation: If | |

| |apart. Or. Rev. Stat. | |the employee gives at least 48 hours | |

| |§652.120(1)-(2). | |notice of their intent to resign, | |

| | | |payment is due on the last day of | |

| | | |work. If the employee gives less than| |

| | | |48 hours notice of the intent to | |

| | | |resign, wages are due 5 days after the| |

| | | |employee’s last day or at the next | |

| | | |regularly scheduled payday, whichever | |

| | | |is sooner. Or. Rev. Stat. §652.140. | |

|PENNSYLVANIA |This issue has not been addressed by |Employers must post a summary of the |All terminated employees (voluntarily |YES |

| |the laws of this state. |Pennsylvania Minimum Wage Act and its |and involuntarily) must be paid wages | |

| | |regulations. 43 Penn. Cons. Stat. |owed not later than the next regular | |

| | |§63. |payday. 20 Penn. Cons. Stat. §260.5 | |

|RHODE ISLAND |Generally, employees must be paid on a|Employers who wish to change the |All terminated employees (voluntarily |NO |

| |weekly basis. Employees whose |regularly schedule payday must inform |and involuntarily) must be paid wages | |

| |compensation is fixed at a bi-weekly, |the employee in writing or |owed (including vacation pay) not | |

| |semimonthly, monthly, or yearly rate |conspicuously post a notice to |later than the next regular payday. | |

| |do not need to be paid weekly. Many |employees at least three days before | | |

| |exempt employees are paid less |the change. R.I. Gen. Laws §28-14-2. | | |

| |frequently than weekly, but almost all|Employers must also post the Minimum | | |

| |non-exempt employees must be paid |Wage Act. R.I. Gen. Laws §28-14-2. | | |

| |weekly. Employers are required to | | | |

| |establish a regular payday. The | | | |

| |Payment of Wages Act also requires | | | |

| |that each pay period be within nine | | | |

| |days of the end of the payroll period | | | |

| |for which wages are computed. If the | | | |

| |9th day is a holiday, payment must be | | | |

| |made on the next business day. R.I. | | | |

| |Gen. Laws §28-14-1 et seq. | | | |

|SOUTH CAROLINA |This issue has not been addressed by |Employers must notify employees in |All terminated employees (voluntarily |YES |

| |the laws of this state. |writing at the time of their hire the |and involuntarily) must be paid wages | |

| | |hours of work, wages to be paid, time |owed within 48 hours or by the next | |

| | |and place of payment, and the |regular payday, which may not exceed | |

| | |deductions that will be held from |30 days from the date of termination. | |

| | |their paychecks. Written notice of |§41-10-50. | |

| | |any change to these terms must be | | |

| | |given at least 7 days prior to the | | |

| | |change. S.C. Code Ann. §41-10-30(C). | | |

|SOUTH DAKOTA |Employers must pay employees at least |There are no posting requirements |All terminated employees (voluntarily |YES |

| |once per calendar month on regular, |regarding payment of wages in this |and involuntarily) must be paid wages | |

| |designated paydays. S.D. Codified |state. |owed by the next regular payday or as | |

| |Laws §60-11-9. | |soon thereafter as the employee | |

| | | |returns all property of the employer | |

| | | |in the employee’s possession. S.D. | |

| | | |Codified Laws §60-11-10. | |

|TENNESSEE |Wages earned and unpaid by the first |Employers must post notices of paydays|All terminated employees (voluntarily |YES |

| |of the month no later than the 20th of|in at least two conspicuous places. |and involuntarily) must be paid wages | |

| |the following month; wages earned and |Tenn. Code Ann. §50-2-103. |owed (including vacation) no later | |

| |unpaid before the 16th day of the | |than 21 days after separation. Tenn. | |

| |month shall be due and payable not | |Code Ann. §50-2-103. | |

| |later then the 5th day of the | | | |

| |preceding month. Tenn. Code Ann. | | | |

| |§50-2-103. | | | |

|TEXAS |Employers must pay employees at least |Employers must designate and post |Involuntary discharge: Wages are due |YES |

| |once a month. Employees who are not |paydays. Tex. Lab. Code Ann. |not later than the 6th day after the | |

| |exempt per FLSA must be paid at least |§61.012(a) & (c). |separation. Resignation: Wages are due| |

| |twice a month. When wages are to be | |on the next regularly scheduled | |

| |paid twice a month, each pay period | |payday. Tex. Lab. Code Ann. | |

| |must consist as nearly as possible of | |§61.014(b). | |

| |an equal number of days. Tex. Lab. | | | |

| |Code Ann. §61.011(a)-(c). | | | |

|UTAH |Employers must pay employees at |There are no posting requirements with|Involuntary discharge: Wages are due |YES |

| |intervals not longer than semimonthly |regard to payment of wages. |immediately and must be paid within 24| |

| |on days designated in advance as | |hours of discharge. Resignation: | |

| |regular paydays. Employers must pay | |Wages are due on the next regularly | |

| |for services rendered during each pay | |scheduled payday. Utah Code Ann. | |

| |period with 10 days after the close of| |§34-28-5(1)-(2). | |

| |that pay period. Utah Code Ann. | | | |

| |§34-28-3(1)(a). | | | |

|VERMONT |Employers do not need to designate a |Employers must post the Commissioner’s|Involuntary discharge: Wages are due |YES – after notifying the employees in|

| |regular pay day, but do need to pay |orders and regulations. Vt. Stat. |within 72 hours of discharge. |wring of their intention to do so. |

| |employees each week. If employers |Ann. tit. 21, §393. |Resignation: Wages are due on the next| |

| |would like to pay wage biweekly or | |regularly scheduled payday, if there | |

| |semimonthly, they must notify their | |is not regularly scheduled payday | |

| |employees in writing. Payments, | |wages are due the Friday following the| |

| |regardless of frequency, must include | |employee’s termination. Vt. Stat. | |

| |wages earned up to the 6th day before | |Ann. tit. 21, §384(c)(1)-(2). | |

| |the payday. Vt. Stat. Ann. tit. 21, | | | |

| |§342(a)-(b). | | | |

|VIRGINIA – need ELA |Employers must establish regular pay |There are no posting requirements |All terminated employees (voluntarily |YES |

| |periods and rates of pay. Va. Code |regarding payment of wages in this |and involuntarily) must be paid wages | |

| |Ann. §40.1-29(A)(1). |state. |owed on the next regularly scheduled | |

| | | |payday. Va. Code Ann. §40.1-29(A). | |

|WASHINGTON |Employers must pay employees at least |Employers must post informational |All terminated employees (voluntarily |YES |

| |monthly on established regular |posters in the form provided by the |and involuntarily) must be paid wages | |

| |paydays. Wash. Admin. Code |Department of Labor describing |owed on the next regularly scheduled | |

| |§296-131-023. |Washington’s wage regulations. Wash. |payday. Wash. Admin. Code §49.48.010. | |

| | |Admin. Code §296-125-0224. | | |

|WEST VIRGINIA |Employers must pay their employees |Employers must notify employees in |Involuntary discharge: Wages are due |NO – until approval is received from |

| |wages owed at least once every 2 |writing of the rate of pay and the |within 72 hours of termination. |the DOL |

| |weeks, or 26 pay periods in a calendar|day, hour and place of payment. |Resignation: Wages are due at the next| |

| |year. Technically, employers who |Employers must also notify employees |regularly scheduled pay day unless the| |

| |employers who pay their employees |in writing or through a posted notice |employee gives at least one pay | |

| |semimonthly (i.e., the 15th and last |if the rate of pay or time, day and |period’s notice of his intent to quit | |

| |day of the month) violate the terms of|place of payment should change. |in which case the employer must pay | |

| |the Wage Payment Collection Act |Employers must also post an abstract |wages on the employee’s last day. W. | |

| |(WPCA). However, “upon a showing of |of the WPCA. W. Va. Code |Va. Code §21-5-4. | |

| |good cause,” employers who wish to pay|§21-5-9(1)-(5). | | |

| |employees less than every two weeks | | | |

| |can petition the DOL for a special | | | |

| |arrangement. W. Va. Code §21-5-3. | | | |

|WISCONSIN – need ELA |Employers must pay employees at least |There are no posting requirements |All terminated employees (voluntarily |YES |

| |once a month wages earned. Wages must|regarding payment of wages in this |and involuntarily) must be paid wages | |

| |be paid no later than 31 days after |state. |owed on the next regularly scheduled | |

| |the wages are earned. Wis. Stat. | |payday. If employees are terminated | |

| |§109.03(1). | |due to a merger, liquidation or | |

| | | |employer otherwise disposing of | |

| | | |business, employees must be paid | |

| | | |within 24 hours of separation. Wis. | |

| | | |Stat. §109.03(4). | |

|WYOMING |Aside from laws regarding state |There are no posting requirements |All terminated employees (voluntarily |YES |

| |employees and employees engaged in the|regarding payment of wages in this |and involuntarily) must be paid wages | |

| |operation of railroad, mine, refinery,|state. |owed within 5 days of the termination.| |

| |factory, mill, or workshop, there are | |Wyo. Stat. Ann. §27-4-1049(a). | |

| |no laws regulating how often an | | | |

| |employer must pay its employees. | | | |

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