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View the pay requirements, deductions and termination rules in any state where you have employees.

Click a state below to view the wage and hour laws in that state.

ALABAMA

Alabama does not have a wage payment statute governing the timing of wage payments for private employers.

It is recommended that employers develop a regular schedule for payment of employees' wages on one of the following basis and communicate that schedule to their employees:

  • Weekly
  • Biweekly
  • Twice each calendar month, or
  • Monthly

Both exempt and nonexempt employees

Alabama does not have any laws governing deductions from pay. FLSA-covered employers must follow the federal standard for both exempt and nonexempt employees.

Though Alabama law does not provide regulations related to the payment of wages upon termination of employment, it is a good practice to pay employees all due wages no later than the next regularly scheduled payday. This would apply whether the termination was voluntary or involuntary. Unless an employer has a policy excluding payment of accrued vacation at the time of termination, it must be included in the final wages.

ALASKA

Regular paydays must be established and maintained by every employer and must be at least every 35 days. It is common for employers to establish more frequent pay periods, such as semi-monthly, bi-weekly or weekly.

Exempt employees

Alaska follows the FLSA standards relating to deductions from an exempt employee’s salary.

Nonexempt employees

As a general rule, deductions from wages are only permissible where the employee has voluntarily executed a written agreement authorizing the deduction and where the deduction does not reduce the employee’s pay below the statutory minimum wage or adversely affect overtime.

If the above-conditions are met, employers may deduct for:

  • Transportation and moving expenses
  • Board and lodging expenses
  • A security deposit to ensure uniforms or equipment are returned in good order (so long does not exceed the cost of the item)

Employers may not deduct for:

  • Customer checks returned for insufficient funds.
  • Non-payment for goods or services as a result of theft or credit default.
  • Cash register shortages unless the employee admits to have taken the shortage in writing.
  • Lost, missing, or stolen property -- unless the employee admits responsibility in writing.
  • Damage or breakage costs -- unless due to the employee's willful misconduct and the employee acknowledges responsibility in writing.

Employees who are terminated must be paid all wages (as defined above) owed within three working days of termination (not including weekends and holidays). An employee who resigns must be paid by the next regular payday that is at least three working days after the last day of work. An employee’s final pay must generally include any accrued, unused vacation unless the employer has a policy or practice to the contrary.

ARIZONA

Arizona employers must designate two or more days in each month as fixed pay days. The pay days can be no more than 16 days apart.

However, Arizona employers whose principal place of business is located outside the state of Arizona and whose payroll system is centralized outside the state of Arizona may designate one or more days in each month as fixed paydays for payment of wages to the following employees:

  • Professional, administrative or executive employees or employees employed in the capacity of an outside salesman as those terms are defined under the fair labor standards act of 1938, as amended.
  • Employees employed in a supervisory capacity as defined under the national labor relations act.

All Arizona employers, except school districts, must:

  • Personally deliver an employee's wages.
  • Mail an employee's wages. within five business days of the end of the pay period.

Employers that maintain a central payroll system outside of Arizona must personally deliver their employees' wages within ten days of the end of the pay period.

Employers must pay overtime or exception pay within 16 days of the end of the pay period.

Both exempt and nonexempt employees:

Deductions from wages are only permissible where:

  • Authorized or required by state or federal law.
  • The employer has previous written authorization from the employee.
  • There is a reasonable good faith dispute about the amount of wages due, including any counterclaim or debt, reimbursement, recoupment, or set-off claim asserted by the employer against the employee."

When an employee is discharged, they must be paid wages due within 7 working days or by the end of the next regular pay period, whichever is sooner. If the employee resigns, they must be paid no later than the next regular pay date. If requested by the employee, such wages may be paid by mail. An employee must be paid any accrued vacation at the time of termination if the employer has an oral or written policy or practice of doing so.

ARKANSAS

All corporations doing business in Arkansas must pay wages semimonthly to:

  • Salespersons.
  • Mechanics.
  • Laborers.
  • Other servants for the transaction of their business.

Corporations doing business in Arkansas must pay wages at least once per calendar month to exempt management-level and executive employees if:

  • The corporation has an annual gross income of $500,000 or more.
  • The employees are compensated over $25,000 annually.

Arkansas does not have a law governing the timing of payment of wages following the pay period.

Exempt employees

FLSA-covered employers must follow the FLSA standards relating to deductions from an exempt employee’s salary.

Nonexempt employees

Deductions from wages are only permissible where:

  • Authorized or required by law.
  • Not otherwise prohibited and which are:
    • For the employee's benefit; and
    • Authorized by the employee in writing.

Employers may not deduct for:

  • Spoilage or breakage.
  • Cash or inventory shortages or losses.
  • Fines or penalties for lateness.
  • Misconduct.
  • An employee resigning without notice.

All companies must pay all wages within seven days upon discharging an employee if requested. Absent a request, the final wages must be paid by the next regular pay period. If the wages are not paid, they continue to accrue at the regular rate from the date of discharge until paid. Though state law does not provide for the final payment of an employee who voluntarily resigns employment, it is recommended that payment be made no later than the next regularly scheduled payday. Accrued vacation must be included in the final pay.

CALIFORNIA

Employee wages must be paid at least twice during each calendar month on days designated as regular paydays. The employer must set a regular payday and post a notice that shows the day, time and location of payment.

Employers may pay executive, administrative and professional employees once per month on or before the 26th day of the month in which the labor was performed if the entire month's salary, including the unearned portion between the date of payment and the last day of the month, is paid at that time.

Wages earned on and between the first and 15th days of any calendar month must be paid no later than the 26th day of the month during which the labor was performed. Wages earned between the 16th and last day of the month must be paid by the tenth day of the following month.

Other payroll periods, such as weekly, every two weeks or semi-monthly, must be paid within seven calendar days of the end of the payroll period.

Exempt employees

California follows the FLSA standards relating to deductions from an exempt employee’s salary.

Nonexempt employees

Deductions from wages are only permissible where:

  • The employer is required or empowered to do so by state or federal law.
  • A deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the employee's wages.
  • A deduction to cover health, welfare or pension contributions is expressly authorized by a wage or collective bargaining agreement.

Employers may not deduct for:

  • Cash shortage,
  • Breakage or loss of equipment that is not a result of the employee's dishonesty or gross negligence
  • Any money that the employee owes to the employer from the employee’s final paycheck.

If an employee is involuntarily terminated, their final wages must be paid at the time of termination. If an employee resigns and gives more than 72 hours notice, final wages must be paid on the final day of work. If the employee resigns and does not give 72 hours notice, payment must be made within 72 hours of time notice was given. In California, vacation is considered wages and any accrued time must be paid out at the time of termination.

COLORADO

All wages or compensation earned by any employee is be due and payable for regular pay periods of no greater duration than one calendar month or thirty days, whichever is longer.

The actual pay period is to be defined by the employer.

Employees must be paid no later than ten days after the close of each pay period, unless the employer and employee agree on an alternative.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Mandated by local, state, or federal law, including for:
    • Taxes;
    • FICA requirements;
    • Garnishments or any other court-ordered deduction; and
    • Contributions attributed to automatic enrollment in an employee retirement plan.
  • For goods or services, loans, advances, and equipment or property provided by an employer to an employee under a valid written agreement.
  • To compensate for an employee's theft if the employer filed a report with the proper law enforcement agency, pending a final decision by a court.
  • Authorized by an employee that are revocable, including for:
    • Hospitalization and medical insurance;
    • Other insurance;
    • Savings plans;
    • Stock purchases;
    • Voluntary pension plans;
    • Charities; and
    • Deposits to financial institutions.
  • For any money or property that a terminated employee failed to pay or return to the employer.

When an employee resigns final wages are due the next regular payday, including any accrued vacation pay. The employer may make the final paycheck available at the worksite, the employer’s local office or mail it to the employee’s last known address. When an employee is terminated, final wages are due immediately, including any accrued vacation pay. If the employers accounting unit is not available, wages must be paid no later than six hours into the following workday. If the payroll unit is offsite, the wages must be delivered within 24 hours of the beginning of the following workday. Delivery may be made to the worksite, the employer's local office or the employee's last known address. All unused, accrued vacation must be paid when employment ends.

CONNECTICUT

Employers must pay their employees on a weekly basis or once every two weeks -- unless the Connecticut Department of Labor approves a different arrangement.

An employer may apply for a waiver from the weekly or bi-weekly pay requirement. If the waiver is granted, the employer must pay employees at least once per calendar month.

Employees must be paid no later than eight days after the end of the pay period. If the regular pay day falls on a non-workday, employees must be paid on the preceding workday.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • State or federal law requires or authorizes the employer to do so.
  • The employer has written authorization from the employee on a form approved by the Commissioner of the Connecticut Department of Labor.
  • The employee authorized the deduction, in writing, for medical, surgical, or hospital care or service, if:
    • there is no financial benefit to the employer; and
    • the deduction is recorded in the employer's wage record book.
  • The deductions are for contributions attributable to automatic enrollment in a retirement plan.
  • The employer is required under the law of another state to withhold income tax of the other state for employees:
    • performing services of the employer in the other state; or
    • residing in the other state.

Employers may also make the following deductions based on employee absences:

  • Deductions allowing an employer to pay a proportionate part of an employee's salary for time actually worked in the initial and final weeks of employment.
  • Deductions for one or more full days if the employee is absent for personal reasons other than sickness or accident.
  • Deductions for one or more full days of absence for sickness or disability if:
    • the deduction is made under a bona fide plan, policy, or practice of making deductions from an employee's salary after sickness or disability leave has been exhausted; and
    • the plan, policy, or practice has been disclosed to the employee.
  • Deductions for absences of less than one full day taken under the FMLA or the CTFMLA.
  • Deductions for one or more full days if the employee is absent because of a disciplinary suspension for violating a safety rule of major significance (those relating to the prevention of serious danger to the employer's premises, or to other employees).

Whenever an employee voluntarily resigns, their final wages must be paid in full no later than the next regular pay day either through the regular payment channels or by mail. Whenever an employer discharges an employee, final wages must be paid in full no later than the next business day following the date of discharge. When work is suspended as a result of a labor dispute, or when an employee is laid off, wages must be paid no later than the next regular pay day. Payment for unused vacation at termination is dependent upon the employer's policy. No payment is required for unused vacation unless the employer's policy or a collective bargaining agreement has promised such payment.

DELAWARE

Employers must pay wages at least once per calendar month on a regular payday that the employer designates in advance.

Employers must pay all wages due within seven days from the close of the pay period in which the wages were earned. If the regular pay day falls on a non-workday, employees must be paid on the preceding workday.

If, however, the regular payday is within the pay period (on or before the final day of the pay period) and the pay period does not exceed 16 days, the employer may delay until the next pay period compensation for the following:

  • Overtime hours worked by employees;
  • Employees hired or resuming employment during the pay period; and
  • Part-time or temporary employees with variable working time.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • State or federal law requires or empowers the employer to do so.
  • Deductions are for medical, surgical, or hospital care or service, without financial benefit to the employer, and are recorded in the employers' books.
  • The employee gives the employer authorization and the deductions are:
    • for a lawful purpose; and
    • to the benefit of the employee.

Employers may not deduct for:

  • Cash or inventory shortages.
  • Cash advances or charges for goods and services (unless there is a signed agreement specifying the amount owed and the repayment schedule).
  • Damaged property.
  • Failure to return employer's property.

Whenever an employee quits, resigns, is discharged or laid off, wages are due on the next regularly scheduled payday either through the usual pay channels or by mail, if requested by the employee. An employee must be paid any accrued vacation at the time of termination only if the employer has an oral or written policy or practice of doing so.

DISTRICT OF COLUMBIA

Employers must pay wages to nonexempt employees at least twice during each calendar month, and to exempt employees at least once per month.

Paydays must be regular and designated in advance.

An employer must pay wages within ten working days of the end of a pay period, unless a different period is specified by a collective bargaining agreement.

An employer may not charge or deduct from an employee’s wages breakages, walkouts, mistakes on customer checks or similar charges, or fines, assessments, or charges if the payment of such reduces the employee’s wage rate below the minimum wage rate.

Whenever an employer discharges an employee, the employee's wages must be paid no later than the working day following such discharge. If the employee is responsible for monies belonging to the employer, the final paycheck may be held for no more than four days from the date of discharge or resignation to determine the accuracy of the employee's accounts, after which all wages earned by the employee must be paid. Whenever an employee quits or resigns, the employee's final wages are due upon the next regular payday or within seven days from the date of quitting or resigning, whichever is earlier. All unused, accrued vacation must be paid when employment ends UNLESS the employee has knowingly agreed to a policy or contract that denies such payment.

FLORIDA

Florida does not have a wage payment statute governing the timing of wage payments for private employers.

It is recommended that employers develop a regular schedule for payment of employees' wages on one of the following basis and communicate that schedule to their employees:

  • Weekly,
  • Biweekly,
  • Twice each calendar month, or
  • Monthly

Both exempt and nonexempt employees

Florida does not have any laws governing deductions from pay. FLSA-covered employers must follow the federal standard for both exempt and nonexempt employees.

Florida law does not specify how soon after termination an employer must pay an employee his or her final wages. It is recommended that employers provide final paychecks to discharged or resigning employees no later than the next regularly scheduled pay date following termination. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

GEORGIA

Wages must be paid on regular paydays at least twice a month. Paydays must divide the month into at least two equal pay periods.

Employers in the farming, sawmill, and turpentine industries are exempt.

Officials, superintendents, or other heads or subheads of a department within an employer's organization may be paid monthly at a stipulated salary.

Georgia does not have a law governing the timing of payment of wages following the pay period.

Both exempt and nonexempt employees

Georgia does not have any laws governing deductions from pay. FLSA-covered employers must follow the federal standard for both exempt and nonexempt employees.

Under Georgia law, employees are terminated or resign their employment, must be paid on the next regularly scheduled payday. Any accrued vacation must be paid only if the employer’s policy provides for payment at the time of termination.

HAWAII

Employees must be paid at least twice during each calendar month, on regular paydays designated in advance by the employer.

However, a majority of employees may elect to be paid once a month on a regularly scheduled basis.

In addition, the Hawaii Department of Labor and Industrial Relations may permit employers to set less frequent paydays if employees are paid in full at least once each calendar month on a regular schedule.

The earned wages of all employees are due and payable within seven days after the end of each pay period.

However, the Hawaii Department of Labor and Industrial Relations may permit employers to pay earned wages within 15 days after the end of each pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required by federal or state statute or by court process or
  • Such deductions or retentions are authorized in writing by the employee.

Employers may not deduct for:

  • Fines, penalties, or replacement costs for breakage.
  • Cash shortage in a common money till, cash box, or register used by two or more persons.
  • Cash shortage in a money till, cash box or register under sole control of the employee if the employee is not given an opportunity to account for all money received at the start of a shift and all money turned in at the end of a shift.
  • Losses because an employee accepted a dishonored check if the employee is given discretion to accept or reject any check.
  • Losses because of:
    • defective or faulty workmanship;
    • lost or stolen property;
    • damage to property; and
    • default of customer credit or nonpayment for goods or services received by a customer if these losses are not attributable to an employee's willful or intentional disregard of the employer's interest.
  • Medical or physical examination or medical report expenses that accrue because of services rendered to an employee or prospective employee, if the examination or report is requested or required by the employer or prospective employer or required by any law or regulation of federal, state, or local governments or agencies.

If an employee is terminated, he or she must be paid all wages owed in full at the time of discharge or if circumstances prevent payment, no later than the next work day. If an employee quits or resigns, final payment must be made no later than the next regular payday. If one pay period’s notice of the intention to resign is given, the employee must be paid at the time of resignation. If an employer requires employees to give advance notice of resignation and then terminates an individual who provides such notice, the employer is liable for the wages the employee would have earned up to the last day the employee intended to work, unless the termination was for cause. Employers who have agreed to pay terminating employees for vacation time earned, or who have a custom or practice of doing so, should include compensation for accrued but unused vacation in the employee's final paycheck.

IDAHO

Employers must pay all wages due to their employees at least once during each calendar month.

Wage payments must be made on regular paydays designated in advance by the employer.

Wage payments must be made within 15 days after the end of the pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • State or federal law requires or allows the employer to do so.
  • The employee authorizes a deduction in writing to cover lawful deductions, which may include:
    • insurance premiums; or
    • benefit plan contributions.

Upon resignation, layoff or termination, all wages due must be paid to the employee the earlier of the next regularly scheduled payday or within ten days of termination, weekends and holidays excluded. If the employee makes a written request for earlier payment of his wages, all wages must be paid within forty-eight hours, excluding weekends and holidays. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

ILLINOIS

Employers must pay all wages earned semi-monthly.

Employers must pay executive, administrative, and professional employees, as defined in the FLSA, at least once a month.

Employers must pay commissions at least once a month.

Employers must pay wages earned by employees a set time after the end of the pay period that they were earned in as follows:

  • 13 days or less if the pay period is semi-monthly or bi-weekly.
  • Seven days or less if the pay period is weekly.
  • 24 hours or less if the pay period is daily.
  • 21 calendar days or less if the employee is executive, administrative, or professional as defined in the FLSA.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required by law.
  • Made to the benefit of the employee.
  • In response to a valid wage assignment or wage deduction order.
  • Made with written consent of the employee.

Employers may not deduct for the following unless the employer receives the written consent of the employee:

  • Cash or inventory shortages.
  • Shortages resulting from a failure to follow proper credit card, check cashing or accounts receivable procedures.
  • Expenses for training or educational courses that the employer requires.
  • Financial loss suffered by the employer due to damaged property.
  • Cost of purchasing or cleaning uniforms that the employer requires.
  • Cost of equipment that the employer requires.

Final compensation to an employee who is terminated or resigns is defined as wages, salaries, earned commissions, earned bonuses, and the monetary equivalent of earned vacation and earned holidays, and any other compensation owed the employee by the employer in accordance with an agreement between the two parties. All final compensation is payable immediately upon termination (dismissal or voluntary resignation), but must be paid no later than the next regularly scheduled payday.

INDIANA

Employers must pay each employee at least semimonthly or biweekly.

The earned wages of all employees are due and payable within ten days after the end of each pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Authorized in writing by the employee
  • The employer agrees to the deduction in writing.
  • The authorization is given to the employer within ten days of its execution

Where properly authorized, deductions are only permissible for the following purposes:

  • Insurance policy premium payments.
  • Donations to a charity or nonprofit organization.
  • Payments for federally issued or guaranteed bonds or securities, at the purchase price.
  • Payments for employer-issued stocks at the purchase price.
  • Dues to a labor organization.
  • Payments to a credit union.
  • Loan repayments, where the loan was made by the employer.
  • The purchase of uniforms and equipment necessary to fulfill the duties of employment. The total amount of the deduction may not exceed the lesser of:
    • $2,500 per year; or
    • 5% of the employee's weekly disposable earnings;
  • Reimbursement for education or employee skills training, unless the training benefits were wholly or partially provided through an economic development incentive from any federal, state, or local program.
  • An advance for payroll or vacation pay."

Employers may deduct for wage overpayments without the employee's written authorization. However, employers:

  • Must give the employee two weeks' notice before the deduction.
  • Cannot deduct an amount in dispute.
  • May only deduct, at most, the lesser of:
    • 25% of the employee's disposable earnings for that week; or
    • the amount where the employee's disposable earnings are greater than 30 times the minimum wage.
  • May immediately deduct a wage overpayment if the overpayment is ten times the employee's gross wages because of a misplaced decimal point.

If an employee is terminated or resigns payment of all wages due must be made by the next usual and regular day for payment of wages, as established by the employer. If an employee leaves voluntarily and the employer is not aware of the employee’s address, wages must be made within 10 days after the employee has made a demand for payment or at such time when the employee’s address is known. All unused, accrued vacation must be paid when employment ends UNLESS the employer has an “arrangement or policy” that either places a prerequisite on an employee’s ability to use the promised vacation time or prevents the employee from using the vacation time after a certain date or period of time.

IOWA

Employers must pay their employees all wages due:

  • At least monthly, semimonthly, or biweekly.
  • On regular paydays designated in advance that are at consistent intervals from each other.

Regular paydays cannot fall more than 12 days after the end of the pay period in which the wages were earned, excluding Sundays and legal holidays.

If an employee is absent on a normal payday, the employer must pay the wages:

  • Within seven days, if the employee demands the wages within that seven-day period.
  • If the employee demands his wages eight or more days after the normal payday, the employer must pay the employee within seven days of the employee's request.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required or permitted to do so by:
    • State or federal law; or
    • Order of a court of competent jurisdiction.
  • The employer has written authorization from the employee permitting the deduction for any lawful purpose accruing to the employee's benefit."

Employers may not deduct for:

  • A cash shortage in a common money till, cash box, or register operated by two or more employees or by an employer and an employee.

Deductions from wages are only permissible where:

  • Required or permitted to do so by:
    • State or federal law; or
    • Order of a court of competent jurisdiction.
  • The employer has written authorization from the employee permitting the deduction for any lawful purpose accruing to the employee's benefit."

Employers may not deduct for:

  • A cash shortage in a common money till, cash box, or register operated by two or more employees or by an employer and an employee.
    • However, the employer and a full-time manager may agree in writing that the employee is responsible for a cash shortage that occurs within 45 days before the most recent regular payday if both parties sign the agreement. Only one of these agreements is permitted per establishment.
  • Losses due to the employee's acceptance of checks on the employer's behalf that are subsequently dishonored if the employee:
    • has been given the discretion to accept or reject these checks; and
    • did not abuse his discretion.
  • Losses due to breakage, damage to property, default of customer credit, or nonpayment for goods or services rendered, if the losses are not attributable to the employee's willful or intentional disregard of the employer's interests.
  • Lost or stolen property, unless the property is equipment specifically assigned to the employee and the employee acknowledged receipt of the property in writing.
  • Gratuities received by the employee from the employer's customers.
  • Costs of personal protective equipment needed to protect an employee from employment-related hazards, not including clothing or footwear that may be used by the employee during nonworking hours, unless a collective bargaining agreement provides otherwise.
  • Costs of more than $20 for an employee's relocation to the place of employment. This does not apply to:
    • Employers that are clients, patients, customers, or other persons obtaining professional services from a licensed individual providing services on a fee basis or as an independent contractor; or
    • The state of Iowa or an agency or governmental subdivision of the state.

When an employee’s employment is suspended or terminated, the employer must pay all wages due not later than the next regular payday. Wages earned on a commission basis must be paid not more than thirty days after the date of suspension or termination. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

KANSAS

Employers must pay all wages due to its employees at least once during each calendar month, on regular paydays designated in advance by the employer.

Regular paydays cannot fall more than 15 days after the end of the pay period in which the wages were earned.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • The employer is required or empowered to do so by state or federal law.
  • The deductions are for medical, surgical or hospital care or service, without financial benefit to the employer, and are openly, clearly and in due course recorded in the employer's books.
  • The employer has a signed authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee.

The following deductions are considered “for a purpose accruing to benefit of employee”:

    • Contributions to and recovery of overpayments to welfare and retirement plans.
    • Deductions for benefits under union contract.
    • Deductions of sums to personal savings accounts (for example, credit unions).
    • Charitable contributions.
    • Union dues.
    • Costs to employer of meals and lodging that are not part of wages.
  • The deductions are for contributions attributable to automatic enrollment in a retirement plan established by the employer described in Sections 401(k), 403(b), 408 and 408A of the Internal Revenue Code."

An employer may make a deduction from an employee’s wages without receiving the employee’s written consent for the following purposes:

  • Deductions made to correct wage overpayments resulting from employer error. Deductions for excess cash advances or allowances not justified by receipts or not used.
  • Cash advances requested in writing by employee.

Employers may not deduct for:

  • Cash and inventory shortages.
  • Breakage.
  • Returned checks or bad credit card sales.
  • Losses to the employer resulting from theft or negligence.
  • Costs of uniforms.
  • Special tools or equipment which are customarily supplied by the employer and not necessary to performing duties.
  • All other deductions not set out by Kansas statute or regulation.

Whenever an employer discharges an employee or an employee quits or resigns, the employer must pay the all wages due no later than the next regular payday upon which the employee would have been paid if still employed. Final wages may be paid either through the regular pay channels or by mail within the deadline and when requested by the employee. All unused, accrued vacation must be paid when employment ends UNLESS the employer has a policy or agreement that states otherwise.

KENTUCKY

Employers must pay each employee at least semi-monthly.

Every employer doing business in Kentucky must pay each of its nonexempt employees:

  • Within 18 days of the end of the pay period in which the wages were earned.
  • Within six days of the employee's demand for payment if he was either:
    • absent at the time fixed for payment; or
    • not paid at the time fixed for payment.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • The employer is authorized to do so by local, state, or federal law.
  • A deduction is expressly authorized in writing by the employee to cover:
    • Insurance premiums;
    • Hospital and medical dues; or
    • Other deductions not amounting to a rebate or deduction from the standard wage arrived at by collective bargaining, wage agreement, or statute.
  • For union dues if authorized by either
    • Joint wage agreements.
    • Collective bargaining agreements.

Employers may not deduct for:

  • Losses due to:
    • Fines;
    • Cash shortages in a common money till, cash box, or register used by two or more persons;
    • Breakage; or
    • Acceptance by an employee of checks which are subsequently dishonored if the employee is given discretion to accept or reject any check.
  • Losses that are not attributable to willful or intentional disregard of the employer's interest and due to:
    • Defective or faulty workmanship;
    • Lost or stolen property;
    • Damage to property;
    • Default of customer credit; or
    • Nonpayment for goods or services received by the customer.

Any employee who leaves or is discharged from employment must be paid their final wages no later than the next normal pay date following the separation date or 14 days following the date, whichever last occurs. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

LOUISIANA

Any employer that fails to designate paydays must pay his employees on the first and sixteenth days of the month or as near as is practicable to those days.

Employers engaged in manufacturing of any kind, or engaged in boring for oil and in mining operations that employ ten or more employees and every public service corporation must pay their employees no less than twice during each calendar month. These paydays must be two weeks apart (or as near as is practicable).

Wages earned during one payroll period must be paid no later than the payday at the end of the next payroll period.

Both exempt and nonexempt employees

Louisiana does not have any laws governing deductions from pay.

However, if an employer makes deductions, there must be an agreement between the employer and the employee authorizing the employer to make the deduction.

Employers may not deduct for:

  • Fines (any monetary penalty for a workplace violation)
  • Damage to employer’s property that is not a result of the employee's willful or negligent conduct.

Employees in Louisiana who are laid off, discharged, or who resign must be paid in full at the next regular payday, but no later than 15 days from the date of discharge or resignation. Payment must be made at the place and in the manner which has been customary during the employment, unless the employee has requested to be paid via mail. In the event payment is made by mail the employer shall be deemed to have made such payment when it is mailed. All unused, accrued vacation must be paid when employment ends.

MAINE

Employers must pay wages at regular intervals no greater than 16 days.

Wage payments must be made within eight days after the end of the pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible for the following purchases:

  • Payment of loans, debts, or advances.
  • Payment for merchandise purchased from the employer.
  • Sick or accident benefits.
  • Life or group insurance premiums the employee agrees to pay.
  • Rent, light, or water expenses of the company that owns the house or building

Employers may not deduct for:

  • Uniforms.
  • Personal protective equipment.
  • Other tools of the trade considered primarily for the benefit or convenience of the employer.
  • Expenses incurred by the employee during the employee's work or while dealing with customers on the employer's behalf.

An employee who is discharged or who voluntarily resigns must be paid on the next regular payday or within two weeks of the employee's demand, whichever is sooner. All unused, accrued vacation must be paid when employment ends UNLESS the employer has a policy or agreement that states otherwise.

MARYLAND

Employees must be paid at least either:

  • Every two weeks.
  • Twice in a month.

Executive, administrative, and professional employees may be paid less frequently.

If the regular payday of an employee is a nonworkday, an employer shall pay the employee on the preceding workday.

Maryland does not have a law governing the timing of payment of wages following the pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Ordered by a court of competent jurisdiction.
  • Authorized expressly in writing by the employee.
  • Allowed by the Maryland Commissioner of Labor & Industry because the employee has received full consideration for the deduction.
  • Otherwise made in accordance with any law, rule, or regulation issued by a governmental unit.

An employee who resigns or is discharged must be paid their final wages no later than the next regularly scheduled payday. Maryland law requires employers to provide all employees, at the time of hire, with a written benefits statement describing, among other things, any “leave benefits” offered by the employer (e.g., vacation, sick leave, personal leave, paid time off, etc.). All unused, accrued vacation must be paid when employment ends UNLESS the employer has a written policy stating that accrued, unused vacation will not be paid out at termination AND the employer has informed its employees of the policy in writing.

MASSACHUSETTS

Employees generally must be paid weekly or bi-weekly.

Payment must be made within:

  • Six days of the end of the pay period if the employee was employed for five or six days in the calendar week.
  • Seven days of the end of the pay period if the employee was employed seven days in the calendar week.
  • Seven days of the end of the pay period if the employee was employed less than five days in the calendar week.

Both exempt and nonexempt employees

Deductions from wages are only permissible for the following purchases:

  • Social security.
  • Unemployment benefits.
  • Vacation, pension, or health and welfare funds.
  • State taxes.
  • Federal taxes.
  • Dues check-off.
  • Credit unions.

Employers may not deduct for:

  • Workers' compensation.
  • Other insurance procured for the benefit of the employer.
  • Franchise fees.

Any employee who resigns their employment must be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday; and any employee discharged from employment shall be paid in full on the day of his discharge. Accrued but unused vacation must be included in the final paycheck.

MICHIGAN

Employers may pay employees on a weekly, bi-weekly, semi-monthly, or monthly basis.

Employers that have a weekly or bi-weekly pay period must:

  • Pay all wages on the established regularly recurring payday.
  • Ensure that the payday occurs on or before the 14th day following the end of the work period in which the wages are earned.

Employers that have a semi-monthly pay period must pay wages earned during:

  • The first 15 days of the calendar month on or before the first day of the next calendar month.
  • The 16th day through the last day of the calendar month on or before the 15th day of the next calendar month.

Employers that have a monthly pay period must pay all wages earned during the calendar month on or before the first day of the next calendar month.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required or expressly permitted by law or by a collective bargaining agreement
  • Authorized expressly in writing by the employee

In addition, deductions made for the employer's benefit:

  • Requires written consent from the employee for each wage payment subject to the deduction.
  • Must not reduce the gross wages paid to the employee below the state minimum wage."

Employers may deduct for an overpayment of wages or fringe benefits that are paid directly to an employee without the written consent of the employee if all of the following conditions are met:

  • The deduction is made within 6 months of the overpayment
  • The overpayment resulted from a mathematical miscalculation, typographical error, clerical error, or misprint in the processing of the employee's regularly scheduled wages or fringe benefits
  • The miscalculation, error, or misprint was made by the employer, the employee, or a representative of the employer or employee.
  • The employer provides the employee with a written explanation of the deduction at least 1 pay period before the wage payment affected by the deduction is made.
  • The deduction is not greater than 15% of the gross wages earned in the pay period in which the deduction is made.
  • The deduction is made after the employer has made all deductions expressly permitted or required by law or a collective bargaining agreement, and after any employee-authorized deduction.
  • The deduction does not reduce the regularly scheduled gross wages otherwise due the employee to a rate that is less than minimum wage."

An employee who resigns or is discharged must be paid all wages owed as soon as the correct amount can be determined. Final pay must include payment for fringe benefits provided by an employer’s policy which includes unused vacation pay.

MINNESOTA

Employers must pay employees both:

  • At least once every 31 days and
  • On a regular, designated payday.

However, employers may pay employees more frequently than every 31 days.

Employers must pay employees every 15 days if they perform labor or service on any transitory projects, including:

  • Construction, paving, repair, or maintenance of roads, highways, sewers, or ditches.
  • Clearing land.
  • Production of forest products.
  • Transitory work that requires the employee to change the employee's place of abode.

Employers of volunteer firefighters, first responders, or volunteer ambulance drivers or attendants must pay all wages earned by their employees at least once every 31 days, unless the employer and employee mutually agree upon payment at longer intervals.

Unless paid earlier, the wages earned during the first half of the first 31-day pay period become due on the first regular payday following the first day of work.

Employers must pay overtime compensation by the payday immediately following the regular payday for the pay period in which the overtime was earned.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Union dues.
  • Premiums for:
    • Life insurance;
    • Hospitalization and surgical insurance;
    • Group accident and health insurance; and
    • Group term life insurance.
  • Group annuities.
  • Contributions to:
    • Credit unions;
    • A community chest fund;
    • A local arts, science, or arts and science council;
    • Minnesota benefit association; or
    • A federally or state registered political action committee.
  • Membership dues of a volunteer firefighters’ relief association.
  • Participation in any employee stock purchase plan or savings plan for periods longer than 60 days, including gopher state bonds established under Section 16A.645 of the Minnesota Statutes.

In addition, employers may deduct up to $50 from an employee's total wages (so long as that deduction does not reduce the employee’s wages below the minimum wage) for:

  • Purchased or rented uniforms required for the job.
  • Purchased or rented equipment used for the job.
  • Consumable supplies used for the job.
  • Travel expenses incurred for work.

However, the $50 deducted from an employee's wages must be paid back to the employee when the employment ends. The employer may require the employee to surrender any existing items for which the employer provided reimbursement.

Employers may not deduct for:

  • Lost or stolen property.
  • Damage to property.
  • To recover any other claimed indebtedness of the employee to the employer.

Unless one of the following conditions is met:

  • The employee voluntarily authorizes the employer in writing to make the deduction after the loss or indebtedness has occurred, and the authorization sets out the amount to be deducted during each pay period.
  • The employee is held liable in a court of competent jurisdiction for the loss or indebtedness.
  • The deduction is taken under provisions in a collective bargaining agreement.
  • The deductions are taken under employer rules for commissioned salespeople who are exempt from minimum wage requirements and the deductions relate to discipline for errors or omissions in job performance.
  • If the employee makes a purchase or takes a loan from the employer and voluntarily authorizes in writing that the cost be deducted from the employee's wages at regular intervals or on termination of employment."

Employers may not deduct for:

  • Shortages in money receipts or merchandise, or other cash shortages or losses due to omissions or other errors.
  • Purchase, rental, or maintenance of uniforms.
  • Consumable supplies, including materials required for the employee to perform the employee's duties (including office supplies).
  • Travel expenses.
  • Spoilage.
  • Breakage or other damage.
  • Walkouts.
  • Bad checks or credit slips.
  • Missing guest checks.
  • Robbery.
  • Fines for disciplinary purposes.

When an employer discharges an employee, wages or commissions earned must be paid immediately. When any employee quits or resigns employment, unpaid wages or commissions are due not later than the first regularly scheduled payday following the employee's final day of employment. If an employee is entrusted with company money or property, final wages must be paid within 10 days of the separation date. An employee’s final pay must be available at location where they customarily receive pay and may be mailed at the written request of the employee. Employers must promptly pay, to any commissioned salesperson who is discharged or resigns, all commissions earned through the last day of employment at the usual place of payment unless the salesperson requests payment be sent by mail. A salesperson who gives five days notice of resignation must be paid all commissions due within three days following the last day of work. A commissioned salesperson who resigns without notice must be paid all commissions due within six days following the last day of work. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

MISSISSIPPI

With one exception, Mississippi does not have a wage payment statute governing the timing of wage payments for private employers.

It is recommended that employers develop a regular schedule for payment of employees' wages on one of the following basis and communicate that schedule to their employees:

  • Weekly,
  • Biweekly,
  • Twice each calendar month, or
  • Monthly

Exception -- employers engaged in manufacturing that employ at least 50 employees and public service corporation

These Mississippi employers make full payment to employees at least either:

  • Once every two weeks.
  • Twice during each calendar month.
  • On the second and fourth Saturday of each month.

The payment must include all amounts due for services performed up to no more than ten days before the time of payment.

This rules does not apply to executive, administrative, and professional employees.

Both exempt and nonexempt employees

Mississippi does not have any laws governing deductions from pay. FLSA-covered employers must follow the federal standard for both exempt and nonexempt employees.

Employers in Mississippi should generally pay terminating employees, whether the termination is voluntary or involuntary, no later than the next regularly scheduled payday. employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

MISSOURI

Manufacturing employers must pay their employees' wages every 15 days.

Corporations doing business in Missouri, railroad operators and railroad shops must pay their employees' wages at least twice a month.

Employers may pay the following employees on a monthly basis:

  • Executives.
  • Administrative employees.
  • Professional employees.
  • Sales people.
  • Employees compensated by commission, in whole or in part.

Wages for manufacturing employees must be paid within five days after they are earned.

Wages for employees of corporations doing business in Missouri, railroad operators and railroad shops must be paid within 16 days of the close of the pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where the wage deduction does not reduce employees' wages to below minimum wage.

An employer may deduct funds from an employee’s wages for cash register shortages, damage to equipment, or for similar reasons. Deductions can be made from an employee’s wages as long as the deductions do not take the employee’s wages below the required minimum hourly wage rate.

The unpaid wages of an employer who is terminated are due on the day of termination. An exception is made in the case of commission earnings when an audit is needed to determine the amounts owed. While state law does not specify when wages must be paid to an employee who resigns, it is recommended employers do so by the next regular payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

MONTANA

Employers are not required to adopt a particular schedule for pay periods.

However, if there is not an established time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length.

Employers must pay employees within ten business days after the wages become due and payable.

If an employee is late in submitting a timesheet to the employer, the employer may pay the employee the wages due in the following pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Made for board, room, and other incidentals supplied by the employer.
  • The deductions are a part of the conditions of the employment.
  • Provided for by state or federal law.

Employees who are involuntarily terminated must be paid within 4 hours or by the end of the business day (whichever occurs first), unless the employer has a written policy to delay the payment (no longer than the next payday or within 15 days of dismissal, whichever occurs first). When an employee voluntarily resigns all the unpaid wages of the employee are due and payable on the next regular payday after the last day of work or 15 days from the date of separation whichever occurs first. Payment may be made through the regular pay channels or by mail if requested by the employee. Regardless of the reason for separation, an employee’s final wage payment must include accrued but unused vacation provided by an employer’s policy.

NEBRASKA

Employers must establish regular days to pay employees.

Employers must pay wages due to an employee on the designated days.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required or permitted by state or federal law.
  • Required by court order.
  • Authorized in writing by the employee.

When an employee is discharged or resigns their employment, all unpaid are due on the next regular payday or within two weeks of the date of termination, whichever is sooner. Unless the employer and employee have specifically agreed otherwise through a contract effective at the beginning of employment or at least 90 days prior to separation, whichever is later, wages include commissions on all orders delivered or on file with the employer at the time of separation of employment less any orders returned or cancelled. Therefore, at the time of termination, any unpaid commissions must be paid on the next regular payday following the employer’s receipt of payment for the goods or services from the customer from whom the commission was generated. The employer must provide the employee with a periodic accounting of outstanding commissions until all commissions have been paid or the orders have been returned or cancelled by the customer. Final wages include unused vacation or any other paid leave if provided by an employer’s policy.

NEVADA

Employees generally must be paid at least semi-monthly basis.

However, if agreed to by the employer and employee, employers pay wages other than on a semi-monthly basis.

NOTE: The employer cannot require the employee's agreement as a condition of employment or continued employment

Wages that are earned before:

  • The first day of the month must be paid no later than 8 a.m. on the 15th day of the month immediately after the one in which the wages were earned.
  • The 16th day of the month must be paid no later than 8 a.m. on the last day of the same month.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required or permitted by state or federal law.
  • Deductions represent the employee's contribution to a benefit plan, including health insurance or a pension plan.

Other deductions from wages are permitted only if all of the following are satisfied:

  • The employer has a reasonable belief the employee is responsible for the amount being deducted.
  • The deduction is for a specific purpose, pay period, and amount.
  • The employee voluntarily authorizes the deduction in writing.

When an employer discharges an employee, final wages must be paid immediately. If an employee resigns his/her employment, final wages must be paid no later than the next regular payday or seven days after resignation, whichever is earlier. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

NEW HAMPSHIRE

Employers must set regular pay days specified in advance.

Acceptable pay schedules include:

  • Biweekly wage payments, if the last day of the second week in the pay period is the day before wages are paid.
  • Payment in advance of and in full for the work period, even if less than biweekly.

Employers must pay all wages due to employees within eight days after the end of the workweek in which the work was performed.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required or allowed to do so by law; or
  • The employee provides written authorization – for the following deductions:
    • Union dues.
    • Contributions to health, welfare pension, and apprenticeship funds.
    • Voluntary contributions to charities.
    • Housing and utilities.
    • Payments into savings funds that are not held by the employer.
    • Voluntary rental fees for non-required clothing.
    • Voluntary cleaning of uniforms and non-required clothing.
    • Payment to a retail vehicle dealer for employee's use of the dealer's vehicles.
    • Medical, surgical, hospital, and other group insurance benefits without financial advantage to the employer, when:
      • the employee provides written authorization for the deduction; and
      • the deductions are duly recorded.
    • Required clothing that is not a uniform.
    • Legal plans and identity theft plans without financial advantage to the employer, when:
      • the employee provides written authorization for the deduction; and
      • the deductions are duly recorded."

In addition, upon an employee's written request, an employer may deduct the following items from the employee's wages:

  • Voluntary contributions into cafeteria plans or flexible benefit plans.
  • Voluntary payments by the employee for the following:
    • Child care fees by a licensed child care provider.
    • Parking fees.
    • Pharmaceutical items, gift shop, and cafeteria items purchased on site of a hospital by hospital employees."

Employers may also make deductions for voluntary installment payments of legitimate loans made by the employer to the employee if the following conditions are met:

  • The loan and its repayment terms are set forth in a document that includes the following:
    • The time the payments will begin and end.
    • The amounts to be deducted.
    • A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.

Finally, employers may make deductions for voluntary payments for the recovery of accidental overpayment of wages when the following conditions are met:

  • The recovery is agreed to in writing.
  • The deduction for the overpayment begins one pay period following the date the parties execute the written agreement.
  • The written agreement specifies:
    • The date the recovery of the overpayment will begin and end.
    • The amount to be deducted, which shall be agreed upon by the employer and the employee but which shall, in no event, be more than 20 percent of the employee's gross pay in any pay period.
    • A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.

Salaried employees

Employers cannot take deductions from salaried employees' wages, except for:

  • Absences for bereavement, if the employer's written policy allows for an unpaid leave of absence of at least a full day for bereavement.
  • Absences for leave other than sick leave, if:
    • The employer has a written policy allowing the employer to deduct pay if the employee has exhausted available leave time;
    • The leave is not because of illness; and
    • The employee voluntarily requests time off without pay for any portion of the pay period.
  • An offset for any amounts received for jury duty, witness fees, or military pay for a particular pay period, under a written, bona fide leave plan, practice, or policy.
  • Disciplinary suspensions resulting from a safety violation.
  • Employees who are terminated for cause.
  • Intermittent or reduced leave under FMLA only if the employer:
    • Provides written notification of the reason for leave; and
    • Keeps a copy of the notice in the employee's personnel file.

When an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours. If an employee quits or resigns, final wages must be paid no later than the next regular payday, either through the regular pay channels or by mail if requested by the employee. If the employee gives at least one pay period's notice of their intention to quit final wages must be paid within 72 hours. All unused, accrued vacation must be paid when employment ends UNLESS the employer has a policy or agreement that states otherwise.

NEW JERSEY

Wages must be paid at least twice during each calendar month on days designated in advance as regular paydays.

Bona fide executive, supervisory, and other special classifications of employees may be paid less frequently but must be paid in full at least once each calendar month on a regularly established schedule.

The end of the pay period may not be more than ten working days before the regular payday. If the regular payday falls on a non-workday, payment must be made on the preceding workday.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Authorized by state or federal law.
  • Authorized in writing by the employee or under a collective bargaining agreement as contributions to an employee's and his spouse's:
    • welfare plans;
    • insurance plans;
    • hospitalization plans;
    • pension plans;
    • retirement plans;
    • profit-sharing plans; and
    • individual retirement annuities or accounts.
  • Authorized in writing by the employee or under a collective bargaining agreement as contributions to company-operated thrift plans, or security option or security purchase plans to buy securities listed on the stock exchange or marketable over the counter.
  • Authorized by the employee and approved by the employer as a payment into employee personal savings accounts or banks for Christmas, vacation, or other savings funds.
  • Payments approved by the employer for:
    • Company products purchased according to a periodic payment schedule contained in the original purchase agreement;
    • Employer loans to employees, according to a periodic payment schedule contained in the original loan agreement;
    • Safety equipment;
    • The purchase of us bonds; and
    • Correcting previous payroll errors.
  • Authorized by the employee and approved by the employer for organized and generally recognized charities.
  • Authorized by the employee or his collective bargaining agent and approved by the employer for the rental or cleaning of work clothing or uniforms.
  • A payment for labor organization dues, initiation fees, and other charges permitted by law.
  • Authorized in writing by the employee, under a collective bargaining agreement, as a contribution to a political committee or continuing political committee established by the employee's labor union.
  • Authorized in writing by the employee as a contribution to any political committee or continuing political committee.
  • Authorized by the employee as payment for employer-sponsored programs to pay for individual or group insurance or annuities, if otherwise permitted by law.
  • Authorized in writing by the employee or under a collective bargaining agreement and approved by the employer to pay for health club membership fees or child care services.
  • Authorized in writing by the employee or under a collective bargaining agreement for mass transportation commuter tickets or employer-provided transportation to a work site.

In the event of an employee’s termination, whether voluntary or involuntary, final wages must be paid on the next regular pay date. Employers may not make a deduction from an employee’s final wages for failure to return uniforms or company equipment. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

NEW MEXICO

Employers must designate regular, fixed paydays that are no more than 16 days apart.

Employees who qualify for the executive, administrative, professional, or salesperson exemption may be paid once per month.

Employers must pay employees by:

  • The 25th day of the month for all services rendered between the first and 15th days of that month.
  • The tenth day of the next month for all services rendered from the 16th to the last day of the month.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Authorized by state or federal law -- e.g. for:
    • Federal Insurance Contributions Act requirements;
    • taxes;
    • 401(k) contributions;
    • health care plan premiums; and
    • court-mandated garnishments.
  • Specifically stated in a written contract entered into at the time of hiring.

Employees who are discharged must be paid within 5 days of their termination if they receive a fixed pay or 10 days if they receive variable pay. Employees who voluntarily leave their employment must be paid by the next payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

NEW YORK

Employers must pay manual workers (mechanics and laborers) on a weekly basis.

Employers must pay clerical and other nonexempt workers:

  • At least semi-monthly.
  • On regular paydays designated in advance.

Employers must pay commission salespersons wages, salary, drawing account, commissions, and all other monies earned at least once a month

Non-profit institutions and certain large companies authorized by the New York Commissioner of Labor can pay less frequently than weekly, but not less frequently than semi-monthly.

Employers must pay manual workers at most seven days after the end of the week in which the wages are earned.

Employers must pay commission salespersons by the last day of the month following the month when the monies were earned.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • The deduction is made under state or federal law, such as deductions for
    • Employer-sponsored pre-tax contribution plan approved by the Internal Revenue Service or a local taxing authority for employee benefits.
  • The employee expressly and voluntary authorizes a deduction that is for his benefit;
    • In writing; and
    • After the employer gives the employee written notice about the scope, reason for and logistics of the deduction.
  • The deduction is to recover a wage overpayment caused by the employer's mathematical or clerical error
  • The deduction is to repay the employer for advanced salary or wage payments.

Deductions for an employee's benefit include payments for:

  • Insurance premiums and prepaid legal plans.
  • Pension or health and welfare benefits.
  • Contributions to a bona fide charitable organization.
  • Purchases at events sponsored by a bona fide charitable organization affiliated with the employer where at least 20% of the profits of the event are given to the charitable organization.
  • US bonds.
  • Dues or assessments to a labor organization.
  • Discounted parking or discounted passes, tokens, fare cards, vouchers or other items that allow the employee to use mass transit.
  • Fitness, health club, or gym membership dues.
  • Cafeteria and vending machine purchase made at the employer's place of business.
  • Gift shop purchases where the employer is a hospital, college, or university.
  • Pharmacy purchases made at the employer's place of business.
  • Tuition, room, board, and fees for pre-school, nursery, primary, secondary or post-secondary institutions.
  • Daycare, before-school and after-school expenses.
  • Payments for housing provided at no more than market rates by non-profit hospitals or their affiliates.
  • Similar payments for the benefit of the employee."

An employer may deduct from an employee’s wages to recover a wage overpayment subject to the following conditions:

  • The deduction may only occur where there is an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer.
  • The employer can only seek to recover overpaid wages that occurred 6 or fewer years from the overpayment date
  • The employer must provide the employee with advanced notice of its intent to make deductions from the employee’s wages to recover an overpayment of wages:
    • In cases where the entire amount of the overpayment may be reclaimed in the next wage payment, notice must be given at least three days prior to the deduction.
    • In all other cases, notice shall be given at least three weeks before the deductions may commence.
  • The notice must contain the following information:
    • The amount overpaid in total and per pay period,
    • The total amount to be deducted
    • The date each deduction shall occur followed by the amount of each deduction.
    • Advise the employee that he may contest the overpayment,
    • Provide the date by which the employee shall contest,
    • Include the procedure by which the employee may contest the overpayment and/or terms of recovery or provide a reference to where such procedure can be located.
  • Amount to be recovered:
    • Where the entire overpayment is less than or equal to the net wages earned after other permissible deductions in the next wage payment, the employer may recover the entire amount of such overpayment in that next wage payment.
    • Where the recovery of an overpayment exceeds the net wages after other permissible deductions in the immediately subsequent wage payment, the recovery may not exceed 12.5 percent of the gross wages earned in that wage payment nor shall such deduction reduce the effective hourly wage below the statutory state minimum hourly wage.

An employer must also have a procedure for employees to either:

  • Dispute the employer's calculation of the overpayment and the recovery terms.
  • Seek a delay in the overpayment recovery.

The procedure must:

  • Set a deadline for the employee to challenge a notice of overpayment and intent to recoup.
  • Set a deadline for the employer's response to an employee's challenge of the notice.
  • Allow the employee to meet with an employer representative one week after receiving the employer's response.
  • Require the employer to notify the employee of a final determination about the wage overpayment and recovery methods."

Employers may not deduct for:

  • Repayments of loans, advances, and overpayments that do not comply with the requirements for recovering overpayments or repayment of wage or salary advance payments.
  • Employee purchases of tools, equipment, and required work attire.
  • Recouping unauthorized expenses.
  • Repaying employer losses, including for:
    • Product spoilage;
    • Product or equipment breakage;
    • Case shortages; and
    • Fines or penalties against the employer caused by the employee.
  • Fines or penalties for tardiness, excessive leave, misconduct, or quitting without notice.
  • Contributions to political action committees, campaigns, or other similar payments.
  • Fees, interest, or the employer's administrative costs.

If an employee resigns or is terminated, final wages must be paid no later than the regular pay day for the pay period during which the termination occurred. If requested by the employee, wages shall be paid by mail. Employers are not required to payout unused accrued vacation on termination PROVIDED THAT the employer has notified the employee in writing (or through a posted notice) of this policy.

NORTH CAROLINA

Employers may pay employee wages:

  • On a daily basis
  • On a weekly basis
  • On a bi-weekly basis
  • On a semi-monthly basis
  • On a monthly basis

North Carolina does not have a law governing the timing of payment of wages following the pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Permitted or required to by law.
  • The amount is known and agreed on in advance and the employee provides written authorization.

If the authorized deduction is for the employee's own benefit, the employee must be given a reasonable opportunity to withdraw the authorization. The authorization must:

    • Be signed on or before the paydays for the pay periods in which the deduction occurs;
    • Indicate the reason for the deduction; and
    • State the actual dollar amount or percentage of wages deducted.
  • The amount is not known and agreed on in advance and the employer has the employee's written authorization, which must:
    • Be signed on or before the paydays for the pay periods in which the deduction occurs; and
    • Indicate the reason for the deduction.
  • In addition to the above requirements, if the employee is given written notice of the amount to be deducted at least seven days before the payday on which the deduction is made (which is not required when a separation occurs), deductions can be made for:
    • Cash shortages;
    • Inventory shortages; or
    • Loss or damage to the employer's property.
  • Recouping a prepayment of wages in the form of:
    • An inadvertent overpayment of wages resulting from a bona fide error;
    • Advances to an employee or third party at the employee's request; or
    • The principal amount of loans made by an employer to an employee

Before any deduction, the employee must also:

  • receive advance written notice of the amount to be deducted and the employee's right to withdraw the authorization; and
  • be given a reasonable opportunity to withdraw the authorization in writing.

Deductions from an employee’s wages cannot:

  • Reduce wages for overtime hours in any amount.
  • Reduce non-overtime wages below the minimum wage level for any workweek.

Employees who resign or are terminated must be paid no later than the next regular payday. Wages based on bonuses, commissions or other calculations must be paid on the first regular payday after the amount becomes calculable. These wages may not be forfeited by the employee unless advance notice has been given of the employer's policy that results in such forfeiture. Employers are not required to payout unused accrued vacation on termination PROVIDED THAT the employer has notified the employee in writing (or through a posted notice) of this policy.

NORTH DAKOTA

Employers must pay wages at least once each calendar month on the regular paydays designated in advance by the employer.

Employers must pay wages at each regular payday immediately following the work period during which wages were earned.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Advances paid to the employee, other than undocumented cash.
  • A recurring deduction authorized in writing.
  • A nonrecurring deduction authorized in writing, when the source of the deduction is specifically described.
  • A nonrecurring deduction for damage, breakage, shortage, or negligence that is authorized by the employee at the time of the deduction.

When an employee is discharged or separates from employment voluntarily, or is suspended from work as the result of an industrial dispute, the employee's unpaid wages or compensation must be paid by the next regular payday. Payment may be made by certified mail at an address designated by the employee or as otherwise agreed upon. All unused, accrued vacation must be paid when employment ends UNLESS the employee voluntarily resigns AND

  1. The employer notified the employee that accrued vacation would not be paid upon voluntary termination; AND
  2. The employee has been employed for less than one year; AND
  3. The employee gave the employer less than 5 days written or verbal notice of his/her resignation

OHIO

Employers must pay each employee at least semi-monthly.

However, employers are not prohibited from paying employees on a daily or weekly basis.

Employers must pay employees by the:

  • First day of each month for all work done during the first half of the previous month.
  • Fifteenth day of each month for all wages earned during the second half of the previous month.

Both exempt and nonexempt employees

Deductions from wages are only permissible where the deduction is for:

  • Federal, state, or local taxes withheld.
  • Employer or joint employer-employee contributions to provide the employee fringe benefits under a written agreement, including:
    • Health;
    • Welfare; and
    • Retirement benefits.
  • Any employee-authorized deduction, including:
    • Purchasing US savings bonds or corporate stocks or bonds;
    • Charitable contributions;
    • Credit union savings or other regular savings program; and
    • Repayment of a loan or other obligation.

Absent an express contract with the employee authorizing the deduction, employers may not deduct for:

  • damaged or destroyed wares, tools, or machinery.

Terminated or resigning employees must be paid by the next regular pay date. Commission or other calculated payments should be reasonably approximated and included in the final paycheck until exact amounts are known. Employers are not required to payout unused accrued vacation on termination PROVIDED THAT the employer has notified the employee in writing (or through a posted notice) of this policy.

OKLAHOMA

Nonexempt employees generally must be paid at least twice each calendar month on regular paydays designated in advance.

Exempt employees must be paid a minimum of once each calendar month.

Employers must designate a payday no more than 11 days after the end of the pay period worked.

Employers must pay employees within three days of that designated payday.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required by statute or court order – e.g.
    • FICA.
    • Federal and state income tax.
    • Medicare.
    • Garnishments
  • The employer and employee may enter into a written payroll deduction agreement signed by the employee for:
    • Loan or advance repayment.
    • Repayment for employer's merchandise or uniforms purchased by the employee.
    • Payments for medical, accident, disability, or retirement benefits, or insurance premiums (excluding workers' compensation and unemployment benefits).
    • Contributions to a deferred compensation plan or other investment plan provided by the employer as a benefit.
    • Compensation to the employer for breakage or loss of merchandise, inventory shortage, or cash shortage caused by the employee when the employee was the sole party responsible for the cash or items damaged or lost.

When an employee terminates employment, whether voluntary or involuntary, final wages must be paid no later than the next regular payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

OREGON

Oregon employers must establish and maintain regular paydays.

Payment to new employees must be made no later than 35 days from the time they begin working.

Pay periods for all employees may be more frequent but must not exceed 35 days.

All wages due must be paid on the established regular payday.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required by law.
  • Authorized in writing by the employee, for the employee's benefit and recorded in the employer's books.
  • Authorized in writing by the employee if:
    • the employer is not the ultimate recipient of the money; and
    • the deduction is recorded in the employer's books.
  • Authorized by a collective bargaining agreement to which the employer is a party.
  • A processing fee, if the employer must garnish the employee's wages.
  • Made from the employee's final wages on termination of employment and is authorized under a written agreement between the employer and the employee for the employee to repay a loan from the employer, with some restrictions."

Employers may not deduct for:

  • Cash shortages
  • Bad checks accepted by employee
  • Damaged/destroyed company property
  • Employee theft
  • Any tools, uniforms, equipment required to do the job.
  • Laundry or cleaning of uniforms.
  • Maintenance of tools, equipment or uniforms.
  • Breakage or loss of tools, equipment or uniforms.
  • Any other item the employer requires the employee to wear or use.

When an employee is discharged, all wages are due not later than the end of the next business day. If an employee requests that the final paycheck be mailed, the employer must mail it to any address designated by the employee. If an employee resigns giving 48 hours or more notice, wages are due on the employee’s last day of work. If an employee resigns without giving at least 48 hours notice, wages are due in five days or on the next payday, whichever occurs first. There are other requirements for final paychecks for contract employees, seasonal farm workers, employees of fairs and those covered by a collective bargaining agreement. Employers are not required to payout unused accrued vacation on termination PROVIDED THAT the employer has notified the employee in writing (or through a posted notice) of this policy.

PENNSYLVANIA

Employers must pay employees all wages on regular paydays designated in advance.

Overtime wages are payable in the next pay period.

Wages earned in a pay period must be paid within:

  • The period set by a written employment contract.
  • The standard period customary in the trade, if not specified.
  • 15 days from the end of the pay period, if there is no customary period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Authorized in writing or under a collective bargaining agreement for payments into:
    • Company-operated thrift plans; and
    • Stock option or stock purchase plans to buy publicly-traded securities of the employer or an affiliated corporation at market price or less.
  • Authorized in writing for payment into personal savings accounts, including:
    • Payments to a credit union;
    • Payments to a savings fund society, savings and loan association, or building and loan association;
    • Payments to bank savings departments for Christmas, vacation, or other savings funds; and
    • Deductions for the purchase of US Government bonds.
  • Charitable contributions authorized in writing.
  • Contributions authorized in writing for local area development activities.
  • Provided by law, including:
    • Deductions for taxes; and
    • Deductions based on court orders. "
  • For union dues, assessments, and initiation fees and other labor organization charges authorized by law.
  • For repayment of bona fide loans authorized in writing either at the time the loan is given or after.
  • Deductions for purchases or replacements by the employee from the employer if the deductions are authorized:
    • In writing; or
    • By a collective bargaining agreement.
  • For purchases by the employee for his convenience of goods or other items from third parties, if authorized in writing.
  • Authorized in writing by employees allowed by the PDLI and in line with the Wage Payment and Collection Law.

Employees who resign or are terminated must be paid no later than the next regular payday or by certified mail if requested by the employee in writing. Seasonal farm workers must be paid no later than the next business day following termination of employment. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

RHODE ISLAND

Employers must pay all wages to employees weekly, except when compensation is fixed at a bi-weekly, semi-monthly, monthly, or yearly rate.

Employers can file a written request with the director of the Rhode Island Department of Labor and Training to pay wages less frequently than weekly when the employer:

  • Has an average payroll more than 200% of the average compensation of all employees in the state.
  • Pays wages regularly on pre-designated dates at least twice per month.
  • Gives proof of a surety bond or other security for the highest bi-weekly payroll exposure in the previous year for the employees subject to the petition.
  • Obtains written consent from the collective bargaining representative for all affected employees, if those employees are subject to a collective bargaining agreement.

Employees must be paid no later than nine days after the close of each pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • A majority of the employer’s union employees request, in writing, that their union dues be deducted from their salary, the dues shall be deducted and remitted together with a list of the members whose dues have been deducted and the amount so deducted to the treasurer of the labor union designated by the employee in the request.
  • For loans or advances against future earnings if evidenced by a statement in writing, signed by the employee, with the amount to be deducted each pay period. The statement may read "balance due upon separation.""

Employers may not deduct for:

  • Shortages, damages, rent, uniforms or any other reason.

When an employee is discharged or resigns from employment, their final wages are due on the next regular payday at the usual place of payment. If the employee’s separation is due to the business closing, final wages and vacation as described above are due within twenty four (24) hours. All unused, accrued vacation must be paid when employment ends for employees who have worked for the employer for more than 1 year.

SOUTH CAROLINA

South Carolina does not have a wage payment statute governing the timing of wage payments for private employers.

It is recommended that employers develop a regular schedule for payment of employees' wages on one of the following basis and communicate that schedule to their employees:

  • Weekly,
  • Biweekly,
  • Twice each calendar month, or
  • Monthly

Employers are required to notify the employee in writing at the time of hire of the time and place of payment for the agreed-on wages.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required or permitted by state or federal law – e.g.
    • Tax withholding.
    • Insurance premiums to be paid.
    • Repayment of debts to the employer.
    • Other agreed on deductions.

Employers must notify employees in writing of any deductions to be made from wages at least seven calendar days before the deductions become effective.

When an employee is discharged or resigns from employment, all wages must be paid to the employee within 48 hours of the time of separation or the next regular payday which may not exceed 30 days. Employers are not required to payout unused accrued vacation on termination PROVIDED THAT the employer has notified the employee in writing (or through a posted notice) of this policy.

SOUTH DAKOTA

Every employer must pay all wages due to employees:

  • At least once each calendar month unless otherwise required by law.
  • On regular agreed paydays designated in advance by the employer.

South Dakota does not have a law governing the timing of payment of wages following the pay period.

Both exempt and nonexempt employees

South Dakota does not have any laws governing deductions from pay. FLSA-covered employers must follow the federal standard for both exempt and nonexempt employees.

Whenever an employee is discharged or resigns, wages or compensation earned must be paid no later than the next regular stated payday or as soon thereafter as all company property in the employee's possession is returned. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

TENNESSEE

All wages and compensation are due and payable at least semi-monthly basis.

All wages or compensation earned or unpaid before:

  • The first day of any month, must be due and payable not later than the 20th day of the month following the one in which the wages were earned.
  • The 16th day of any month, must be due and payable not later than the fifth day of the following month.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Authorized in writing, in advance by the employee.

Employers may deduct for loans the employer made to the employee, provided that:

  • The employer either:
    • Enters into an agreement with the employee to advance the employee wages before the date the wages are due;
    • Agrees to otherwise lend the employee money; or
    • Permits the employee to charge personal items on the business or corporate credit card issued to the employee.
  • The employee signs the written agreement before the loan and the employer has at the time of the offset a copy of the signed agreement.
  • The employer notifies the employee in writing 14 days before the payment of wages due that:
  • There is an amount the employee owes the employer;
    • The employee's wages may be offset if the amount owed is not paid before the payment of wages due; and
    • That the employee may submit an affidavit contesting the amount owed.
  • The employee has not paid the amount owed the employer.

Any employee who discharged or resigns their employment must be paid in full at the next regular pay day, not to exceed twenty-one (21) days following the date of separation. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

TEXAS

Nonexempt employees must be paid at least twice a month.

Exempt employees must be paid once a month.

If wages are paid twice a month, each pay period must have (as nearly as possible) an equal number of days. If the employer does not designate paydays, paydays are the first and 15th of each month.

Farm, factory, and store employees must be paid:

  • Weekly if they are employed by the day or week.
  • Monthly if they are employed by the month.

An employer must pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another business day on the employee's request.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Ordered to do so by a court of competent jurisdiction.
  • Authorized to do so by state or federal law.
  • Employer has written authorization from the employee to deduct part of the wages for a lawful purpose.

Employers must pay an employee who is discharged all wages due no later than the sixth day after the date of discharge. An employee who leaves for any reason other than discharge must be paid on the next regularly scheduled payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

UTAH

Employers must:

  • Establish regular paydays.
  • Pay wages at least twice a month on days designated as regular paydays.

If an employer hires an employee on a yearly salary basis, the employee may be paid:

  • On a monthly basis.
  • On or before the seventh of the month following the month in which the services are rendered.

Employers must pay wages earned within ten days after the close of the pay period. If a payday falls on a Saturday, Sunday, or legal holiday, an employer must pay wages earned during the pay period on the day before the Saturday, Sunday, or legal holiday.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required to do so by court order or state or federal law.
  • The employee authorizes the deduction in writing.
  • The employer withholds wages according to an approved retirement plan.
  • A deduction to cover health, welfare, or pension contributions is authorized by a wage or collective bargaining agreement.

When an employer discharges an employee wages are due immediately and must be paid within 24 hours. When an employee voluntarily resigns from their employment wages are due on the next regular payday. If an employee is paid on a commission basis, wages are owed within 30 days of termination, or 14 days after a commission is due (if this is after the date of termination). Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

VERMONT

Employees must be paid on a weekly basis.

However, employers may pay employees on a biweekly or semi-monthly after providing employees with written notice of the pay schedule.

Employers must pay wages within six days after the end of the pay period.

Both exempt and nonexempt employees

Deductions from wages are only permissible for the following purposes:

  • Goods or services, if the employee provides written authorization (or the employer documents the employee's intention to repay) and the deduction:
    • Does not reduce an employee's wages below the hourly minimum wage;
    • Is not prohibited by state or federal law; and
    • Does not exceed the amount agreed to by the employee.
  • Deductions authorized by law, such as:
    • State and federal taxes; and
    • Child support.
  • Contributions to health insurance or retirement plans, if the employee provides written authorization.
  • Deductions for employer-provided meals and lodging.

Employers may not deduct for:

  • Claimed damages.
  • Cash register shortages.
  • Payment for a medical examination required as a condition of employment.
  • Providing or maintaining required apparel, including a uniform, unless:
    • The employee expressly authorizes the deduction in writing; and
    • The deduction does not reduce the employee's wages below the hourly minimum wage, include any administrative fees or charges, or amend or violate the terms of a collective bargaining agreement.
  • Payment for personal protective equipment required by occupational safety and health regulations (except as allowed under federal law)."

If an employee is discharged, they must be paid within 72 hours from the time of discharge. An employee who resigns must be paid on the last regular payday, or if there is no regular payday, on the following Friday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

VIRGINIA

Employers must set up regular paydays and rates of pay for each employee, where:

  • Salaried employees are paid at least once per month.
  • Employees who work on an hourly basis are paid at least once every two weeks.
  • Employees whose weekly wages are more than 150% of the state average weekly wage may be paid once per month, if they and their employers agree to the schedule.

These requirements do not apply to executive employees.

Virginia does not have a law governing the timing of payment of wages following the pay period.

Both exempt and nonexempt employees

Employers may not:

  • Deduct any part of an employee's wages or salaries that are not standard payroll deductions, without the employee's authorization that is:
    • In writing;
    • Signed by the employee;
    • Voluntary, meaning not clearly in the employers' interests; and
    • Not a condition of employment.
  • Require non-executive employees to sign agreements compelling employees to forfeit wages for time worked as a condition of employment, unless otherwise provided by law.

If an employee is terminated, whether voluntarily or involuntarily, final wages are due no later than the next regular payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

WASHINGTON

Washington employers must pay employees all wages owed on an established regular pay day at least once a month.

Employers may pay their employees either:

  • Daily.
  • Weekly.
  • Bi-weekly.
  • Semi-monthly.
  • Monthly.

Employers with pay periods of less than one month must establish a regular pay day that is at most ten calendar days after the end of the pay period.

Employers with one-month pay periods may establish a regular payroll system where wages for work performed in the last seven days of that pay period may be paid on the next pay period's pay day.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Legally required or authorized to do.
  • The employee gives advance express written authorization, but only if the deduction is for:
    • A lawful purpose; and
    • The employee's benefit – e.g.
  • For non-occupational health care services.
  • To satisfy legal obligations, including a:
    • Court order;
    • Judgment;
    • Wage attachment;
    • Trustee process;
    • Bankruptcy proceeding; or
    • Payroll deduction notice for child support payments.
  • If the employer receives written advanced express notice, for:
    • pension or benefit plan contributions; or
    • loan repayments to a third party."

An employer may make deductions from the employee’s final pay check for the following -- only if the incidents occurred in the employee's final pay period:

  • The employee's acceptance of a bad check or credit card, if there is enough evidence that the employee accepted the check or card in violation of the employer's stated procedures.
  • A cash shortage, if there is enough evidence that either:
    • The employee had sole access to the cash and helped account for the cash accounting at the beginning and end of his shift; or
    • The employee's dishonest or willful actions caused the loss.
  • Alleged employee theft, if there is enough evidence that:
    • The employee meant to steal from the employer; and
    • The employer filed a police report.

When an employee voluntarily or involuntarily terminates employment, final wages are due on the next regularly scheduled payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

WEST VIRGINIA

Employers must pay their employees at least twice every month, with no more than 19 days between payments.

Employers must pay all wages earned up to and including the twelfth day immediately preceding the regular payday.

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Those deductions required by federal and state law.
  • Deductions expressly authorized in writing by the employee, including deductions for:
    • Union dues;
    • Pension plans;
    • Payroll savings plans;
    • Credit unions;
    • Charities; and
    • Hospitalization and medical insurance.

When an employee voluntarily or involuntarily terminates employment, final wages are due on the next regularly scheduled payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

WISCONSIN

Employers must make wage payments on at least a monthly basis.

Employees engaged in logging operations and farm labor must be paid on at least a quarterly basis.

Employers may establish more frequent pay periods (e.g., weekly, biweekly or semimonthly).

Employers must pay wages within 31 days after the end of the pay period.

Both exempt and nonexempt employees

Employers may not deduct for defective or faulty workmanship, lost or stolen property, or property damage unless either:

  • The employee gives written authorization.
  • The employer and employee's representative determine that the loss or damage was caused by the employee's negligence or intentional conduct.
  • The employee was found liable in court for negligence, carelessness, or willful and intentional conduct.

Employers may deduct to recover a wage overpayment or when an employee refuses to pay back an over-extended draw, as long as the employee receives at least the minimum wage.

Employees who are terminated or who resign employment must be paid by the next regularly scheduled payday. Employers are not required to payout unused accrued vacation on termination UNLESS they have a policy, agreement or an established practice of doing so.

WYOMING

Employers in the railroad, mining, refining, or oil/gas exploration or production industries and employers operating a factory, mill, or workshop must pay employees on at lease a semimonthly basis.

Employers in the railroad, mining, refining, or oil/gas exploration or production industries and employers operating a factory, mill, or workshop must pay employees on or before:

  • The first day of each month for wages they earned during the first half of the preceding month.
  • The 15th day of each month for the wages earned during the last half of the preceding month.

Aside from the above-listed industries, Wyoming does not have a wage payment statute governing the timing of wage payments for private employers.

It is recommended that employers in other industries develop a regular schedule for payment of employees' wages on one of the following basis and communicate that schedule to their employees:

  • Weekly,
  • Biweekly,
  • Twice each calendar month, or
  • Monthly

Both exempt and nonexempt employees

Deductions from wages are only permissible where:

  • Required by law or court order.
  • With an employee's revocable, written authorization, deductions for union dues, deposits to a bank or credit union, and contributions to health, welfare, retirement, or other benefit plans.
  • Damages caused by the employee’s negligence if the negligence and the amount of damages are determined in a judicial proceeding.
  • Cash shortages if:
    • The employee signed a written acknowledgment of responsibility for shortages at the beginning of his employment;
    • The employer and employee verified in writing the amount of cash in the register at the start and end of the employee’s work period; and
    • The employee was the sole user of the cash box during the work period. "
  • A bad check only if the employee violated company policy or the employer reasonably believes the employee was party to a fraud.
  • Repayment for cash advances, loans, or expenses associated with optional benefits, including tuition reimbursement, relocation, and training, if the payment occurred during employment and with the employee’s written acknowledgment
  • Payment for goods and services sold to an employee in the ordinary course of business with the employee’s written acknowledgment.
  • Amounts under an attachment or garnishment order
  • The cost of tools, equipment, uniforms, and other items required for employment with the employee's written acknowledgment and the employee’s actual or constructive possession of the items
  • The cost of tools, equipment, and other items assigned to the employee, with his written acknowledgment and for use within the scope of his employment, but not returned to the employer on termination.

When an employee is separated from employment, whether voluntary or involuntary, they must be paid their final wages by the next regular payday. Employers are not required to payout unused accrued vacation on termination PROVIDED THAT the employer has notified the employee in writing (or through a posted notice) of this policy.

The above information is a summary providing guidance on the key aspects of the law. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not intended to be a substitute for legal advice. This information is provided with the understanding that (1) the author and publisher are not rendering legal advice and (2) this information is not a substitute for the advice of competent legal counsel. For more information, please contact a human resource professional or an employment law attorney.