Pay Days and Pay Periods

Pay Days and Pay Periods

PAY DAYS AND PAY PERIODS

STATE BY STATE SURVEY

STATE
/ PAY DAYS/PAY PERIODS / NOTICE REQUIREMENTS / PAYMENT ON TERMINATION / 15TH & LAST DAY COMPLIANT?
ALABAMA / Employers with more than 50 employees are paid at least biweekly or twice during each calendar month. Ala Code §37-8-270 / There are no posting requirements regarding payment of wages in this state. / This issue has not been addressed by the law in this state other than with respect to commissioned sales agents who must be paid by the next pay period. / YES
ALASKA / Monthly pay periods may be agreed to in initial employment contract. Otherwise, employees may elect monthly or semi-monthly pay period. Alaksa Stat. §23.05.140(a) / Employers with employees subject to the Alaska Wage and Hour Act must post a copy of the act. Alaska Stat. §15.905. Employees must be given written notice of payday at time of hire (including rate of pay), and posting of regular paydays in workplace is required. Any change to this information must also be provided to the employee in writing prior to the change taking effect. Alaska Stat. §23.05.160 / Involuntary discharge: must be paid within 3 working days of termination. Resignation: payment due at the next pay period that is at least 3 working days after the employer receives notice of separation. Alaska Stat. §23.05.140(b) / YES
ARIZONA / Employers must designate 2 or more fixed paydays not more than 16 days apart. Ariz. Rev. Stat. 23-351(A) It is also recommended that notice of paydays be given to employees (i.e., employee handbook). / Employers must post a copy of the minimum fair wage order. Ariz. Rev. Stat. §23-284(B). / Involuntary discharge: Employees must be paid within 3 working days of discharge or by the end of the next pay period – whichever is sooner. Ariz. Rev. Stat. §23-353(A) Resignation: Wages must be paid at the next regular pay period, if requested by employee they shall be paid by mail. Ariz. Rev. Stat. §23-353(B). / YES
ARKANSAS / Employers must pay employees on a semi-monthly basis, except for individuals who qualify as highly compensated under the FLSA who may be paid monthly. Ark. Code Ann. §11-4-401(a). / Employers must post a copy or summary of the Minimum Wage Act. Ark. Code Ann. §11-4-216(a). / Involuntary discharge: Employees must be paid at time of next regular pay period unless employee has requested a check and then the employee must be paid within seven days or at the next regular pay period – whichever is sooner. Resignation: Employees must be paid at the next regularly scheduled pay period. Ark. Code Ann. §§ 11-4-405(a)(1), 11-4-405(b). / YES
CALIFORNIA / Employers must pay employees twice during a calendar month typically the 15th and last day of the month. Alternate dates may be used so long as payment of pages is not more than 7 days following the close of the payroll period. Cal. Lab. Code § 204. / Employers must also post a notice proscribing the regular paydays and time and place of payment. Id. § 207. / Involuntary discharge: All wages (including vacation) are due at the time and place of discharge. Cal. Lab. Code §§201, 208. Resignation: Wages are due within 72 hours of notice of resignation. Cal. Lab. Code § 208. / YES
COLORADO / Pay periods must be regular and may not exceed the longer of 30 days or a calendar month. The period must occur not more than 10 days after the close of a pay period unless the employee and employer have agreed otherwise. Colo. Rev. Stat. § 8-4-103(1) / Employers must post a wage order poster. Employers must also conspicuously post a notice informing employees of both regular paydays and the time and place of payment, including changes to these items. Colo. Code Regs. §1103-1(12). / Involuntary discharge: Wages are due immediately upon discharge. If the payroll unit for the employer is onsite this payment must be within 6 hours; if offsite the payment must be within 24 hours. Colo. Rev. Stat. §8-4-109(1)(a). Resignation: Wages are due at next regularly scheduled payday. Id. §8-4-109(1)(b). / YES
CONNECTICUT / Employers must pay employees on a weekly payday. Each pay period must be no more than 8 days after the pay period for which payment is made. Conn. Gen. Stat. §§31-71a et seq., 31-71b(b) / Employers must post a copy of the wage orders specific to its employees. / Involuntary discharge: Wages must be paid no later than the business day next succeeding the day of discharge. Resignation: Wages are to be paid no later than the next regular payday. Payments of fringe benefits (vacation days, etc.) is required only if employer has such a policy. Conn. Gen. Stat. §§31-71c(a), 31-71c(b) Conn. Gen. Stat. §31-76k. / NO – employers who wish to pay employees less frequently than once a week must apply to the CTDOL for permission to do so long as the employee is paid on regular pay periods at least once a month. Conn. Gen. Stat. §31-76i.
DELAWARE / Payday must be at least once a month. If the payday falls on a non-work day, payment shall be the preceding day. Payment of wages must be within 7 days of the close of the pay period in which the wages were earned. 19 Del. Code Ann. §1102(a)-(b). / Employers must post the Minimum Wage Act and the Wage Payment Act. Employers must also notify employees in writing at the time of hire of the rate of pay and day, hour, and place of payment. Changes to the above must be provided to the employee in writing or placed in a conspicuous place prior to the change. 19 Del. Code Ann. §§ 908, 1108. / All employees must receive payment by the next regular payday after their discharge/termination. 19 Del. Code Ann. §1103(a). / YES
DISTRICT OF COLUMBIA / Generally, wages must be paid twice a calendar month. Paydays must be regular and designated in and advance. There cannot be more than 10 working days between the close of a pay period and payday. D.C. Code §32-1302. / No posting requirement specific to posting of wages, but employers must post a summary of wage and hour law. D.C. Code §32-1009. / Involuntary discharge: Wages are due on the next working day following the termination. Resignation: Wages are due no later than the next regular payday or within 7 days, whichever is earlier. D.C. Code §32-1303(1) / YES
FLORIDA / This issue has not been addressed by the laws of this state. / This issue has not been addressed by the law in this state. / This issue has not been addressed by the law in this state. / YES
GEORGIA / Employers may decide the dates of payment of wages so long as the dates selected divide the month into at least two equal periods and so long as the payments made on each date pay the employee the full amount due for the pay period in which the payment is made. Ga. Code Ann. §34-7-2 / This issue has not been addressed by the law in this state. / This issue has not been addressed by the law in this state. / YES
HAWAII / Employees must be paid at least twice a month on regular paydays designated in advance by the employer. There cannot be more than 7 days between the close of the pay period and the payday. Haw. Rev. Stat. §388-2(a)-(b) / At time of hire, employer must provide employee with rate of pay and time and place of payment. Employers must also post a notice pertaining to the application of the Wage and Hour Law. Haw. Rev. Stat. §§, 387-6(c), 388-7(1). / Involuntary discharge: Wages must be paid at time of discharge unless employer can prove it was impossible to do so (i.e., employee fired for misconduct and accounting was closed) or no later than the next working day. Resignation: Wages must be paid on last day if employer was provided at least one day’s notice of the employee’s last day; otherwise, payment is due no later than the next regular payday. Haw. Rev. Stat. §388-3(a)-(b) / YES
IDAHO / Employers must pay employees at least once during each calendar month on regular paydays designated in advance by employer. The end of the pay period shall not be more than 15 days before such a regular payday. If the regular payday falls on a non-working day, payment shall be made on the preceding working day. Idaho Code §45-608(1)-(2) / At the time of hiring, employers shall give notice of rate of pay and usual day of payment. Employers must provide this information in writing if so requested. Employers must also post a summary of the Minimum Wage Act. Idaho Code §§45-610(2), 45-1507. / All employees terminated involuntarily or voluntarily shall be paid wages at the next regularly scheduled pay day or within 10 days of the termination – whichever is sooner (weekends and holidays are excluded). If the employee makes a written request for the wages sooner, then wages are due within 48 hours of receipt of the written request. Idaho Code §45-606 / YES
ILLINIOS / Wages must be paid no later than 13 days after the end of the semimonthly or biweekly pay period in which they are earned. Payments to bona fide administrative, executive, or professional employees must be made on an at least semimonthly or biweekly basis. If paid weekly they must be paid no later than 7 days after they are earned. 820 Ill. Comp. Stat. 115/4 / Employers must post the Minimum Wage Law. Employer must also post one or more notices stating the date, time, and place of payment of wages. 820 Ill. Comp Stat. 105/9, 205/6 / Wages must be paid to all employees on their last day, if possible, but no later than the next regularly scheduled payday. 56 Ill. Admin. Code §300.600 / YES
INDIANA / Employers must pay employees at least semimonthly or biweekly, if requested. Payment must be made not more than 10 days after the wages were earned. Employers may pay in longer or shorter intervals. Ind. Code Ann. §22-2-5-1(a)-(b) / Employers must post minimum wage requirements. Ind. Code Ann. §22-2-2-8. / Involuntary Discharge: Wages are to be not more than 10 days after the wages are earned. Ind. Code Ann. §22-2-9-2. Resignation: Wages must be paid at next regularly scheduled payday. Ind. Code Ann. §22-2-5-1(b) / MAYBE – Employers who pay every two weeks are likely okay, but there is currently a bill pending in the legislation regarding this issue.
IOWA / Employers must pay employees on regular paydays that occur in consistent intervals that are pre-designated by the employer (monthly, bi-weekly, or semimonthly). Payments must not be more than 12 days (excluding weekends) after the end of the pay period in which the wages are earned. Iowa Code §91A.3 / Employers must post a notice explaining the Iowa Minimum Wage Act. / All terminated employees (voluntarily or involuntarily) must be paid their wages no later than the next regularly scheduled payday. Iowa Code §91A.4. / YES
KANSAS / Employers must pay all wages due at least once a calendar month on regular paydays designated in advance by the employer. The pay period shall not be more than 15 days after the end of the pay period for which payment is made. Kan. Stat. Ann. §44-314(a)-(b) / There are no posting requirements regarding payment of wages. / All terminated employees (voluntarily and involuntarily) must be paid their wages no later than the next regular payday. Kan. Stat. Ann. §44-344 / YES
KENTUCKY / Employers are required to pay employees semimonthly all wages due not more than 18 days prior. Ky Rev. Stat. Ann §337.020. / Employers must post wage and hour laws codified in sections 337.275 – 337.325, 337.345 and 337.385 to 337.405 of the Kentucky Revised Statutes. Ky Rev. Stat. Ann §337.325. / All terminated employees (voluntarily of involuntarily) must be paid their wages (including bonuses) at the next regular payday or within 14 days. Ky. Rev. Stat. Ann. §377.020. / YES.
LOUISIANA / Paydays must come as near to 2 weeks apart as practical. La. Rev. Stat. 23:633 / Employers must inform employees at the time of hire what wages they will be paid and the method and frequency of payment. Any changes to the above must be communicated to the employee. La. Rev. Stat. 23:633(A) / All terminated employees (voluntarily and involuntarily) must be paid their wages on the next regular payday or 15 days from the termination, whichever is sooner. Wages are to be paid at the place and in the manner of wages paid during employment. Employers may also mail an employee his last paycheck to the correct address as listed in the employee’s records. La. Rev. Stat. 23:631(A)(1)(a) / YES
MAINE / Employers must pay employees at regular intervals not greater than 16 days. The date for payment must be established and known to all employees. The paycheck must include all wages earned within 8 days of the payment date. Me. Rev. Stat. Ann. Tit. 26, §621-A(1) / Employers are required to post Minimum Wage and Overtime Law obligations. Employers must also post a poster entitled “Regulation of Employment," whichincludes a description ofMaine's wage payment laws. Me. Rev. Stat. Ann. Tit. 26, §622 / All terminate employees (voluntarily and involuntarily) must be paid all wages owed to them within a reasonable time of their termination. Reasonable is defined as the next scheduled pay day or a day not more than 2 weeks after the day of the termination. Me. Rev. Stat. Ann. Tit. 26, §626 / YES
MARYLAND / Employer must set regular pay periods and pay employees at least every two weeks or twice a month. If the scheduled payday is on a non working day, payment must be made on the receding workday. Md. Code Ann. Labor and Employment Art. §3-502(a)-(b). / Employers are required to post a summary of the subtitled for wages and hours in a format that the Commissioner approves and a copy or summary of each regulation that is adopted to carry out the subtitle. Md. Code Ann. Labor and Employment Art. §3-423. / All terminated employees (voluntarily and involuntarily) must be paid their wages on the next regular payday. Md. Code Ann. Labor and Employment Art. §3-505. / YES
MASSACHUSETTS / Employers may pay employees bi-weekly or semimonthly if they are salaried employees or if they work in a bona fide executive, administrative, or professional capacity. M.G.L. ch. 149, §148. / Employers are required to post minimum wage requirements and other provisions of M.G.L. c.151 and 455 CMR 2.00 as the Director may require. 455 CMR Section 2.06(1). / Involuntary discharge: Wages must be paid in full at the time of discharge. Resignation: Wages must be paid at the next regularly scheduled payday. M.G.L. ch. 149, §148 / YES
MICHIGAN / Generally, employers are to pay employees on the 1st and 15th of the month. However, employers who have established regular bi-weekly payment will be in compliance with this requirement. Payments on the 15th of the month must include wages earned from the 16th of the previous month to the last day paid. Mich. Comp. Laws §408.472(1)-(3). / Employers are to post the Payment of Wages and Fringe Benefits Act. Mich. Comp. Laws §408.391. / All terminated employees (voluntarily and involuntarily) must be paid their wages as soon as the amount earned can be determined, with due diligence. Mich. Comp. Laws §408.475. / YES
MINNESOTA / Employers must pay employees at least once every 31 days on a regularly scheduled payday. Minn. Stat. §181.101. / Employers subject to the MFLSA must post summaries of the act and applicable rules. Minn. Stat. §177.31 / Involuntary discharge: Wages are due at the time of termination and no later than 24 hours after the employee’s termination. Resignation: Wages are due no later than the next regularly scheduled payday. Minn. Stat. §§181.13, 181.14. / YES
MISSISSIPPI / There are no laws applicable to employees employed in an executive, administrative or professional capacity. Private employers with 50 or more employees in manufacturing or public service corporations are required to pay employees every 2 weeks. Payment must include all wages for work performed not more than ten days prior to the time of payment. Miss. Code Ann. §71-135(1)-(2). / There are no posting requirements in this state. / This issue has not been addressed by the law in this state. / YES
MISSOURI / Employers must pay wages to employees at least semimonthly, within 16 days of the close of each period. Mo. Rev. Stat. §290.080. / Employers must post a poster that provides a summary of minimum wage, overtime, and wage payment laws. Mo. Stat. Rev. §290.522. / All terminated employees (voluntarily and involuntarily) must be paid all wages owed at time of discharge unless the employee requests, in writing, that the check be mailed to him, then payment is due in 7 days. Mo. Rev. Stat. §290.110. / YES
MONTANA / Employers must pay employees all wages earned not later than 10 business days after the work was performed. Mont. Code. Ann. §39-3-204. / Unless exempt, employers must post notices pertaining to the applicability prescribed in the Wage and Hour Section of the Mont. Code. Ann. statutes. / Involuntary discharge: Wages are due immediately upon separation unless there is a written personnel policy that extends the time for payment until the next regular pay period or 15 days from separation, whichever is sooner. Resignation: Wages are due the next regular pay period or 15 days from separation, whichever is sooner. Mont. Code. Ann. §39-3-205. / YES
NEBRASKA / Employers are required to pay employees on regular days designated by the employer. Neb. Rev. Stat. §48-1230. / Employers must post a summary of the Nebraska Wage and Hour Act. Neb. Rev. Stat. §48-1205. Employers must give 30 days notice prior to changing paydays. Neb. Rev. Stat. §48-1230. / This issue has not been addressed by this state. / YES