Payday Laws: How Often You Must Be Paid
Federal law requires you to be paid on your regular payday, but it doesn’t say how often payday must be. That’s set by state law, and the rules for late pay and final paychecks vary a lot from state to state.
- All workers
- Alabama
- California
- Florida
- Illinois
- Massachusetts
- New York
- Pennsylvania
- Texas
- Washington
How often you must be paid
Most states set a minimum pay frequency. Common rules:
| Frequency | Example states |
|---|---|
| Weekly for manual workers | New York (with some exceptions) |
| Weekly or every two weeks | Massachusetts, Pennsylvania (on a regular schedule), many others |
| At least twice a month | California, Illinois, Texas (for non-exempt workers), and many others |
| At least monthly | Washington and some others, or for salaried exempt workers in many states |
| No general state law | A few states, such as Alabama and Florida, where the employer’s regular payday and federal law apply |
Rules change and have exceptions. Check your state labor department for the exact rule where you work.
Your pay must be
- On time: paid on the regular payday for the pay period, not “when the GC pays us.”
- In full: all hours, including overtime, with only legal deductions. See Paychecks, Pay Stubs & Wage Theft.
- Accessible: if you’re paid on a pay card, you must be able to get your full pay at least once each period without a fee. Many states don’t allow employers to require direct deposit or pay cards.
- Good: a bounced paycheck is not payment. Many states add penalties, and the employer may owe your bank fees.
Final paychecks
When you quit or are let go, state law decides how fast you get your last check. Examples:
| State | Fired or laid off | Quit |
|---|---|---|
| California | Immediately, on the last day | Within 72 hours, or on the last day with 72 hours’ notice |
| Texas | Within 6 calendar days | By the next regular payday |
| New York | By the next regular payday | By the next regular payday |
| Many other states | By the next regular payday, or within a set number of days | By the next regular payday |
Some states, like California, charge employers a penalty of a day’s pay for each day the final check is late, up to 30 days. Whether unused vacation must be paid out also depends on your state and your employer’s policy.
When your pay is late
- Ask in writing (a text or email) when you’ll be paid. Keep a copy.
- Write down your hours, the payday you missed and any excuses you were given.
- File a wage claim with your state labor department. It’s free and you don’t need a lawyer.
- Federal help: the U.S. DOL Wage and Hour Division handles unpaid minimum wage and overtime: 1-866-487-9243.
- On public projects, unpaid workers may be able to claim against the project’s payment bond. On private jobs, some states give workers lien rights.
Don’t keep working for free. Employers that miss one payroll often miss the next. If checks are late again and again, file a claim quickly. Deadlines to recover wages can be as short as two years.
You can’t legally be fired or punished for asking about your pay or filing a wage claim. See Where to Get Help.
Standards & references
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