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Wage Payment Timing in Alabama (AL)
Alabama currently has no general laws regulating the timing of wage payments to private sector employees.
Wage Payment Timing in Alaska (AK)
Employers in Alaska are generally required to pay wages to employees monthly or semi-monthly, at the election of the employee, unless the employer and employee agreed to monthly pay periods in an annual initial contract.
Notice Requirements
At the time of hire, employers must notify employees in writing of the day and place of wage payments, and the wage rate.
- If employers make any changes to these terms, employees must be notified before the changes become effective, such as by conspicuously posting a statement at or near the place of work where it can be seen by employees.
For more information, please see the Alaska Statutes (§§ 23.05.140; 23.05.160).
Wage Payment Timing in Arizona (AZ)
Employers are required to pay wages in Arizona as follows:
- Employers are generally required to pay employees at least twice in a month, no longer than 16 days apart.
- Employers must pay employees all wages due up to the payday, except that wages for no more than 5 days of labor may be withheld.
- If a holiday falls on a scheduled payday, the employer must pay its employees on or before the scheduled payday.
- Overtime pay must be paid no later than 16 days after the end of the most recent pay period.
Note: Employers may pay professional, administrative and executive employees, outside salespersons and certain supervisors once per month, but only if the principal place of business is located outside Arizona and the payroll system is centralized outside of the state.
Electronic Wage Payments
Arizona law permits employers to pay employees' wages electronically if they choose to do so. Specifically, if an employer offers the option for direct deposit of wages but an employee does not designate a financial institution, the employer can deposit the employee's wages on each payday to a "payroll card account," an account established through the employer to which electronic fund transfers of an employee's wages are made on a recurring basis.
If an employee's wages are paid to a payroll card account:
- The employer must furnish a written or electronic statement of the employee's earnings and withholdings;
- The payroll card account plan must entitle the employee to one free withdrawal for each deposit of wages per pay period (but not more frequently than once per week); and
- Employers must provide a list of all fees associated with the use of an employer-provided payroll card account to those employees using a payroll card account.
For more information on Arizona's wage payment law generally, please click here.
Wage Payment Timing in Arkansas (AR)
All corporations doing business in Arkansas who employ any salespersons, mechanics, laborers, or other servants for the transaction of their business must pay employees' wages semimonthly.
Corporations with an annual gross income of $500,000 or more can pay their management and executive employees who are exempt under the Fair Labor Standards Actonce each month, if these employees are paid more than $25,000 in gross wages annually.
All corporations doing business in Arkansas that employ any salespersons, mechanics, laborers, or other servants for the transaction of business must pay employees' wages no less frequently than semimonthly.
For more information, please see the Arkansas Code (§ 11-4-401).
California Wage Payment Timing
Several federal
laws regulate wage payments, including the Fair Labor Standards Act
(FLSA), the Davis-Bacon Act and the Service Contract Act. California law
also imposes state wage payment requirements. When federal and state
laws are different, the law that is more favorable to the employee will
apply.
Several federal laws regulate wage payments, including the
Fair Labor Standards Act (FLSA), the Davis-Bacon Act and the Service
Contract Act. California law also imposes state wage payment
requirements. When federal and state laws are different, the law that is
more favorable to the employee will apply. The Division of Labor Standards Enforcement (DLSE), part of the California Department of Industrial Relations, enforces wage payment standards throughout the state.
Frequency of Payment
California
law requires employers to pay wages in lawful United States currency
with cash, check, direct deposit (requires voluntary employee
authorization), pay card (such as a pre-paid debit card) or any other
means of payment that pose no cost to the employee.
Employers must pay employee wages at least twice per month, on established, regular paydays.
- Work between the 1st and the 15th day of the month must be paid between the 16th and 26th day of that same month
- Work between the 16th and the last day of the month must be paid between the 1st and 10th day of the following month
Employers are permitted to pay wages at earlier days or at more frequent intervals.
Exceptions
Frequency-of-payment
regulations do not apply to all types of wages. For example, overtime
wages must be paid by the following regular period’s payday and wages
paid due to layoff, temporary work, employee resignation and commissions
may be paid at different times.
In addition, certain employees are exempt, including:
- Salaried
executive, administrative and professional employees covered by the
FLSA (may be paid once per month, on or before the 26th day of the month
during which the labor was performed if the entire month’s salaries,
including the unearned portion between the date of payment and the last
day of the month, are paid at that time);
- Employees covered by a valid collective bargaining agreement;
- Employees paid on a weekly basis;
- Licensed vehicle dealer employees (may be paid once per month on a day designated in advance by their employers);
- Domestic
and agricultural employees (may be paid once per month on a previously
determined payday, if they receive board and lodging from their
employers; paydays may not be more than 31 days apart). “Agricultural
employees” includes individuals who work with crops, vineyards, stock
and poultry. However, those employed by farm labor contractors do not
qualify for this exception. Farm labor contractors must pay wages at
least once per week.
Regular Pay Day Notice
California
law requires employers to post a notice, conspicuously and in a place
where employees frequently pass by and can see it, indicating the date,
time and place of payment (if applicable). Failure to post this notice
will be considered prima facie evidence of a wage payment violation.
Payroll Deposit
Employers
in the following industries are required to maintain a deposit in a
bank or other financial institution of sufficient size and liquidity to
cover all of their payroll obligations:
- Mining (except for petroleum, persons with a free and unencumbered title to the property and partners of a mining partnership);
- Logging (logging and sawmill operation contractors, except for persons with a free and unencumbered title to the property);
- Door-to-door selling or telephone solicitation; and
- Theatrical
enterprises (except persons with a free and unencumbered title to the
property on which the theatrical enterprise is produced). A theatrical
enterprise is the production of any circus, vaudeville, carnival,
revues, variety shows, musical comedies, operettas, opera, drama,
theatrical, endurance contest, walkathon, marathon, derby or other
entertainments, exhibitions or performances.
Employers
subject to the payroll deposit requirement must display a notice that
indicates the name and address of the bank or trust company that holds
the payroll deposit. Failure to display this information in a
conspicuous place will be considered prima facie evidence of a
violation.
Reimbursements for Business Expenses
State law
requires employers to reimburse their employees for all necessary
expenditures or losses the employees incur as a direct consequence of
the discharge of their duties, or when they follow employer
instructions. This requirement applies even for unlawful acts, unless
employees know the instructions are unlawful at the time they receive
them.
Unpaid reimbursements are subject to accrued interest if the
matter is resolved in a court of law. Interest will accrue from the
date on which the expense was incurred.
Disputed Wages
If
a dispute over the amount of wages due to an employee arises, employers
must pay any undisputed amount according to the requirements described
above. An employee that accepts undisputed wages does not waive any
right to pursue collecting the disputed portion.
If the DLSE
determines any wages are owed to the employee, it will issue a
notification to the employer. Employers must pay those wages within 10
days of receiving a notification. Employers that are able but willfully
fail to pay these wages within the 10-day period may be required to pay
three times the amount of any damages, in addition to any other
applicable penalty.
Wage Payment Requirements in Colorado (CO)
Payment Frequency
Employers must pay employee wages at least once per month, or every 30 days, on established paydays. In general, regular paydays must be within 10 calendar days
after the end of a pay period. However, Colorado law does not restrict
employers from paying wages earlier or at more frequent intervals. In addition, employers and their employees may agree to different pay schedules.
However,
employers may be subject to sanctions if they lack sufficient funds to
allow their employees to redeem their wages in full at least twice within any 24-month period.
Withholdings and Deductions
Employers may not withhold all or a portion of an employee’s wages unless the withholding or deduction is:
- Authorized by law;
- Authorized by the employee; or
- Necessary to replace losses resulting from employee theft.
Deductions
that are necessary to replace losses due to an employee’s theft are
allowed only if a report of the theft is filed with the proper law
enforcement agency. An employee may recover these deductions, with
interest, if he or she is not found guilty of the theft through criminal
proceedings.
Employers must record each withholding with accuracy
and may not derive any financial gain from wage deductions. Unless
authorized by law, wage deductions and withholdings may not reduce an
employee’s gross wages below the minimum wage rate.
Pay Statements
Employers
must provide each employee with an itemized earning statement. The
itemized wage statement must be provided every pay period. Earning
statements can be provided with each paycheck through these options:
- In writing;
- Through access to an electronic portal (the employer must have a valid email address for each employee using this option); or
- By
providing each employee the information for the entire calendar year by
Jan. 31 of the following year. Employers that use this option must also
provide employees with access to their earning information upon
request. Employees may make this request once per year.
Wage statements must include the following information:
- The employee’s name or Social Security number;
- The employee’s address, occupation and date of hire;
- The employee’s date of birth (if the employee is under 18 years of age);
- The inclusive dates of the pay period;
- The daily record of all hours the employee worked;
- The credits or tips claimed by the employee, if any;
- The employee’s regular rates of pay;
- Gross wages earned;
- All withholdings and deductions made; and
- The net amounts paid for that pay period.
Employers
must maintain this information in their records for at least three
years after the wages or compensation were due, or for the duration of
any wage claim regarding that employee.
More Information
Please visit the Colorado Department of Labor and Employment for more information.
Wage Payment Requirements
Employers are required to pay wages in Delaware as follows:
- Employers are generally required to pay employees at least once in a calendar month on regular paydays designated in advance.
- Employees must receive payments within 7 days from the end of a pay period.
- When a regular payday is not on a workday, employers must pay employees on the previous workday.
- If a payday falls on a day within a pay period which is no longer than 16 days, an employer may delay the following payments until the next payday:
- Overtime pay;
- Pay for employees hired or who resume employment during the pay period; or
- Pay for part-time or temporary employees whose work times vary.
Notice Requirements
Employers of 4 or more employees are required to:
- Notify employees in writing at the time of hire of:
- Rate of Pay
- Day, hour and place of payment
- Employer's fringe benefits and policies
- Notify employees in writing of any reductions in the rate of pay, and any changes in the day, hour or place of payment, or benefits.
Furnish each employee with a pay statement showing:
- Amount of wages due
- Pay period covered by the payment
- Amounts of deductions (separately specified) which have been made from the wages
- Total number of hours worked in the pay period (for employees who are paid on an hourly rate)
Wage Theft
Effective since Oct. 11, 2022, Senate Bill
(SB) 35 defines wage theft in the state and provides specific enforcement
penalties. The Delaware Legislature stated that SB 35 is aimed to curtail “under the
table” payments and thereby protect employees. The law also provides key
definitions of what constitutes wages and who qualifies as an independent
contractor.
In Delaware, employers may be
charged with wage theft if they:
- Employ individuals without reporting their
employment to all appropriate government agencies and fail to pay all
applicable taxes and fees for these individuals;
- Fail to properly withhold employee state and
federal taxes;
- Fail to forward money withheld from employee
wages to the appropriate state or federal agency within seven days of the
applicable pay period;
- Fail to comply with minimum wage requirements;
- Misclassify workers as independent contractors to
avoid wage, tax or workers’ compensation obligations; or
- Knowingly conspire to assist with, advise on or
facilitate wage theft.
SB 35 defines independent contractors as individuals who:
- Perform work in a personal capacity;
- Do not employ anyone other than their spouse, child, parent or sibling;
- Control the means and manner of performing their work;
- Furnish their own tools and equipment to do the work; and
- Exercise total control over the management and operations of their business.
More Information
For more information, please visit the Delaware Division of Industrial Affairs website.
District of Columbia Wage Payment Timing
Employers in the District of Columbia are generally required to pay wages at least twice monthly on designated days. Bona fide administrative, executive, and professional employees (those
employees employed in a bona fide administrative, executive, or
professional capacity, as defined in 7 DCMR Section 999.1) must be paid at least once per month.
An interval of not more than 10 working days may elapse between the end of the pay period covered and the regular payday designated by the employer (except where a different period is specified in a collective agreement between an employer and a bona fide labor organization). Where, by contract or custom, an employer has paid wages at least once each calendar month, it may lawfully continue to do so.
For more information, please click here.
Wage Payment Requirements in Florida (FL)
The
Fair Labor Standards Act (FLSA) regulates minimum wage, overtime and
work hour requirements for most employees. Florida law supplements
federal regulations and in some instances provides more stringent
requirements that employers must follow. Under the FLSA, when both
federal and state law apply, employers must comply with the law that
provides the greatest benefit or protection to their employees.
The Florida Department of Economic Opportunity (DEO) enforces and investigates wage and hour violation claims in the state.
Method of Payment
Florida
allows employers to pay employee wages with check, draft, note, payroll
debit card or any other instrument as long as it is payable in cash, on
demand, without discount and at no cost to the employee. Employers may
not give their employees wage payment instruments when they have
insufficient funds or credit to cover the payments.
Employers may
also pay employee wages in cash and through electronic fund transfer
(direct deposit). Employers that choose to pay employee wages through
electronic fund transfer must first obtain written employee
authorization for the electronic transfer and deposit wages directly
into employee account at institutions of the employees’ choice.
Employers may not discriminate against any employee who refuses to
participate in a direct deposit program.
Payments to Deceased Employees
In
the case of an employee’s death, Florida requires employers to pay
unclaimed wages to the employee’s surviving spouse. If there is no
surviving spouse, employers must pay unclaimed wages to the decedent’s
adult children or parents (if there are no surviving children).
Unclaimed
wages are defined as compensation that an employee has not claimed for
more than one year after the wages become due and payable.
Wage Payment Timing in Georgia (GA)
Employers in Georgia are generally required to pay employees at least twice each month, on dates which are determined by the employer and which divide the month into at least 2 equal periods.
Note: Employers of certain employees, including officials, superintendents, or other heads or subheads of departments who may be employed by the month or year at stipulated salaries, are exempt from these requirements.
For more information, please see the Georgia Code (§ 34-7-2).
Wage Payment Timing in Hawaii (HI)
Employers in Hawaii are generally required to pay employees at least twice in a calendar month on paydays designated in advance, and payment must be made within 7 days after the end of pay periods.
- The director of the state Department of Labor and Industrial Relations may permit employers to establish monthly pay periods or pay earned wages within 15 days after the end of a pay period.
Note: Payment may be made monthly on a regularly scheduled basis if elected by a majority of the employees or a majority of the employees in a collective bargaining unit in a secret ballot election under procedures approved by the state Director of Labor and Industrial Relations. Such elections are valid for 2 years.
Wage Notification Requirements
Every employer must furnish each employee at every pay period a legible printed, typewritten, or handwritten notice showing the employee's:
- Total hours worked;
- Overtime hours;
- Straight-time, overtime, and other compensation;
- Total gross and net compensation;
- Amount and purpose of each deduction;
- Date of payment;
- Pay period covered;
- Employee’s name;
- Employer’s name, address, and telephone number;
- Any other compensation, including allowances, if any, claimed as part of the minimum wage; and
- Applicable rates and bases of pay (whether paid by the hour, shift, day, week, salary, piece, commission, or other basis), including overtime rate or rates of pay. For employees paid a piece rate, the record must indicate the applicable piece rate or rates of pay, and the number of pieces completed at each piece rate.
You may read the text of the law by clicking here.
Wage Payment Timing in Idaho (ID)
Employers are generally required to pay wages in Idaho as follows:
- Employers are required to pay wages at least once each calendar month on regular paydays designated in advance by the employer.
- Payment must be made within 15 days of the end of a pay period.
- The Director of the state Department of Labor may permit an employer to withhold payment of wages for a longer period of time under certain circumstances.
- When a regular payday occurs on a non-working day, wages must be paid the previous workday.
For more information, please click here.
Illinois Wage Payment Requirements
Several
federal laws regulate employee wage payment requirements, including the
Fair Labor Standards Act (FLSA), the Davis-Bacon Act and the Service
Contract Act. In Illinois, these requirements are regulated by the
Illinois Wage Payment and Collection Act (IWPCA). The Illinois Department of Labor (IDOL) investigates violation claims and enforces these requirements throughout the state.
Wage Payments
Under
the IWPCA, employers must pay their employees at least semi-monthly or
bi-weekly no later than 13 days after the end of the pay period in which
payable wages were earned. However, employers may pay executive,
administrative and professional employees monthly. Commissions may also
be paid once a month.
Upon employee request, employment or labor
placement agencies must make either weekly or semi-monthly wage payments
if employees earn a daily wage “in the ordinary course of business.”
Employment
and labor placement agencies that make daily wage payments must provide
written notification to all daily wage payment employees of the right
to request weekly or semi-monthly checks. These employers may provide
this notice by conspicuously posting the notice at the location where
the wages are received by the daily wage employees. Weekly pay must be
provided no later than seven days after the end of the week in which
payable wages were earned and daily pay no later than 24 hours after the
day on which payable wages were earned.
Permissible Deductions from Employee Compensation
Employers are prohibited from making any deduction from their employee’s wages or final compensation, unless the deduction is:
- Required by law;
- For the employee’s benefit;
- Made with the employee’s express written consent, given freely at the time the deduction is made;
- Required by a wage assignment or deduction order; or
- For the repayment of an outstanding debt with certain governmental organizations.
Before
deducting any amount of an employee’s wages for the repayment of a debt
to a governmental organization, the employer must receive proof that
the employee:
- Had an opportunity to dispute the debt;
- Received notice of a wage deduction order; and
- Had an opportunity to contest the order.
When
making these deductions, an employer can withhold no more than 25% of
the net amount of the employee’s wages. The maximum deduction amount may
be reduced to 15% for a debt owed to communities with populations of
less than $500,000.
If the legitimacy of a deduction is in
question, an employer may withhold funds after notifying the IDOL of the
deduction and its justification. The employer will then have to follow
any instructions it receives from the IDOL.
In case of a dispute over wages, an employer must pay any undisputed
compensation without condition and within the time frame set by the
IWPCA. An employee’s acceptance of this partial payment is not a waiver
of his or her right to pursue the balance by legal means.
Expense Reimbursements
Employers
must reimburse employees for work expenses that are primarily for the
benefit of the employer. To determine whether an expense is “to the
primary benefit of the employer,” employers must consider:
- Whether the employee has any expectation of reimbursement;
- Whether the expense is required or necessary to perform the employee's job duties;
- Whether the employer is receiving a value that it would otherwise need to pay for;
- How long the employer is receiving the benefit; and
- Whether the expense is required of the job.
No
single factor is dispositive in this analysis. The main focus of this
analysis is “the extent to which the expense benefits the employer and
its business and business model.”
State law allows employees to
file a claim against their employers with IDOL if employers fail to
respond to a request for reimbursement or inform their employees that
they are not entitled to seek reimbursement for a reimbursable expense.
Employers
that fail to reimburse their employees during the course of employment
must include unpaid reimbursable expenses in their employee’s final
payment.
Finally, under state law, employers must maintain for at least three years a record of:
- All policies regarding reimbursement;
- All employee requests for reimbursement;
- Documentation showing approval or denial of reimbursement; and
- Documentation showing actual reimbursement and supporting documents.
Employers
that through direct authorization or practice allow for reimbursement
amounts in excess of their written expense reimbursement policies,
specifications or guidelines may be found liable for (and ordered to
pay) full reimbursements if a claim is filed.
Wage Payment Requirements in Indiana (IN)
Several federal
laws regulate wage payments, including the Fair Labor Standards Act
(FLSA), the Davis-Bacon Act and the Service Contract Act. Indiana law
also imposes state wage payment requirements. When federal and state
laws are different, the law that is more favorable to the employee will
apply.
The Wage and Hour Division (WHD), part of the Indiana Department of Labor, enforces wage payment standards throughout the state.
Method of Payment
Indiana law requires employers to pay wages in lawful United States currency with:
- Cash;
- Check; or
- Electronic fund transfer (direct deposit) to a financial institution designated by the employee.
Frequency of Payment
Employers
must pay employee wages at least semimonthly or bi-weekly. However,
Indiana law does not restrict an employer from paying wages to its
employees on a weekly basis.
Some notable exceptions to the frequency of payment rule include:
- Salaried employees who are eligible for overtime compensation under the FLSA;
- Farmers and those engaged in the business of agriculture and horticulture; and
- Criminal
offenders in a facility operated by the Department of Correction or a
private operator under a contract with the Department of Correction.
Statements
Employers
must provide each employee with an itemized statement at the time that
the employee’s wages are paid. The itemized statement must show, at a
minimum:
- The number of hours the employee worked for that pay period;
- The amount of wages the employee earned during that pay period; and
- A listing of all withholdings and deductions applied to the employee’s wages for that pay period.
Iowa Wage Payment Requirements
Several federal
laws regulate wage payments, including the Fair labor Standards Act
(FLSA), the Davis-Bacon Act and the Service Contract Act. The Iowa Wage
Payment Collection Law (IWPCL) also imposes state wage payment
requirements. When federal and state laws are different, the law that is
more favorable to the employee will apply.
The Labor Services Division (LSD), part of the Iowa Workforce Development Department, enforces wage payment standards throughout the state.
Method of Payment
The
IWPCL requires employers to pay wages in lawful U.S. currency.
Generally acceptable means of payment include cash, check, direct
deposit and pre-paid debit card.
Employers can use direct deposit
to pay employee wages only after obtaining their employees’ written
consent. Employers can require the direct deposit of wages as a
condition of employment for employees hired after July 1, 2005, if:
- Employees are able to select where the funds will be deposited;
- The
costs associated with opening and maintaining an account to receive
direct deposit do not reduce employee wages below the minimum wage rate;
- Employee accounts are not charged for receiving direct deposit; and
- Direct deposit is not prohibited by a collective bargaining agreement.
The
use of pre-paid debit cards is authorized in Iowa if employees agree to
this method of payment in writing, the funds are available to the
employees on or before each payday and employees can access the entire
deposit amount at least once without any fee or surcharge.
The IWPCL requires employers to mail employee wages only if they receive a written request.
Frequency of Payment
Employers
must pay employee wages at least once per month, but can also choose to
do it semimonthly, biweekly or at shorter intervals. Employers must
pre-determine the frequency of paydays. Regular paydays must generally
be within 12 business days after the end of the period in which the
wages were earned.
The IWPCL allows employers to observe different
payment intervals if they reach and keep a record of a different
agreement with their employees.
Wage Statements
Employers must provide a wage statement (pay stub) to each employee on every payday. The wage statement must show:
- The hours the employee worked;
- The wages earned by the employee; and
- The deductions made from that payment of wages.
This
requirement does not apply to employees who are exempt from overtime
wage laws under the FLSA, unless the employer has established a policy
to pay exempt employees overtime wages, a bonus or other form of
compensation based on the number of hours worked.
Employers can
provide electronic wage statements to their employees as long as
employees have free and unrestricted access to a printer if they ever
chose to make a hard copy of the statement.
Wage Payment Requirements in Kansas (KS)
Several
federal laws regulate wage payments, including the Fair Labor Standards
Act (FLSA), the Davis-Bacon Act and the Service Contract Act. Kansas
law also imposes state wage payment requirements. When federal and state
laws are different, the law that is more favorable to the employee will
apply.
The Kansas Department of Labor (KDOL) enforces wage payment standards throughout the state.
Method of Payment
Kansas
law requires employers to pay wages in lawful United States currency
with cash, check, electronic fund transfer (direct deposit) or payroll
card. Employers that elect to pay wages through electronic fund transfer
must offer an alternative payment method as a default for employees
that do not designate a financial institution to receive their wages.
Employers
that elect to pay wages using a payroll card must allow their employees
the means of accessing and withdrawing the entire amount of their wages
at no cost, at least once per pay period. Employers using payroll cards
may not retain any interest in wages paid by electronic funds
transfer, other than the right to correct inadvertent overpayments.
Employers may not charge their employees initiation, loading or
participation fees for the program. However, employers can charge their
employees for the cost of replacing a lost, stolen or damaged payroll
card.
Employers that pay employee wages through electronic fund
transfer or payroll card must educate their employees regarding the use
of a direct deposit or payroll card program through a forum or by
distributing educational information. This requirement must be fulfilled
at least 30 days prior to implementing either payment program.
Frequency of Payment
Employers
must pay employee wages at least once per calendar month, on
pre-established paydays. Regular paydays must generally be within 15
days after the end of the period, unless otherwise established by
federal law.
However, Kansas laws do not restrict an employer from paying wages to its employees at earlier days or at more frequent intervals.
Statements
Employers
must, upon request, provide each employee with an itemized statement of
deductions made from the employee’s wages. Typically, an itemized
statement shows:
- Gross wages earned;
- All withholdings and deductions for that pay period;
- Net wages earned;
- The inclusive dates of the period; and
- The employer’s name and address.
Wage Payment Timing in Kentucky (KY)
Employers in Kentucky are generally required to pay employee wages at least semi-monthly within 18 days after the wages are earned.
- Employees who are absent on a payday must be paid within 6 days of their request.
Note: Executive, administrative, supervisory and professional employees, as well as outside salesmen and outside collectors, are not covered by the wage payment timing law.
For more information, please click here.
Louisiana Wage Payment Timing
Louisiana generally does not require employers to pay employee wages after any certain amount of time. However, if employers fail to designate pay periods, they must pay wages as close as possible to the first and 16th days of each month. Exceptions include:
- Executive, administrative, supervisory, professional and other employees who are exempt under the Fair Labor Standards Act, who are not covered by these provisions; and
- Employers of 10 or more employees in the manufacturing or mining industries or in boring for oil, who must pay wages biweekly or semimonthly. Pay periods must be as close as possible to 2 weeks apart and must be made within 10 days of the end of a pay period.
Notice Requirement
Employers must post a notice of the employer's duty to inform employees of their wage rate, frequency and manner of payment, any changes to the foregoing and how to resolve complaints.
For more information, please click here.
Maine Wage Payment
Employers are required to pay wages in Maine as follows:
- Employers are generally required to pay employee wages on a designated day or at regular intervals no longer than 16 days.
- The wages paid must include all wages earned to within 8 days of the payday.
- If the pay period is fewer than 16 days, the employer cannot lengthen the pay period without first providing employees 30 days' written notice in advance of the change. (Note: Under a new law, wages must be paid on an established day or date at regular intervals made known to the employee. The interval may not be increased without written notice to the employee at least 30 days in advance of the increase—regardless of whether the interval is fewer than 16 days. The law is effective 90 days after the adjournment of the 128th Maine Legislature, First Regular Session. Click here for updates regarding adjournment. The text of the law is available by clicking here.)
- Employees absent from work on a payday must be paid at any time at their request. (Note: Under a new law, an employee who is absent from work at a time fixed for payment must be paid as if the employee was not absent. The law is effective 90 days after the adjournment of the 128th Maine Legislature, First Regular Session. Click here for updates regarding adjournment. The text of the law is available by clicking here.)
Note: Salaried employees who work in a bona fide executive, administrative or professional capacity are generally not covered by the wage payment timing law.
Direct Deposit
Beginning Oct. 18, 2021, employers in Maine are prohibited from charging a fee to their employees when they opt to receive their wages through direct deposit.
More Information
Please contact the Maine Department of Labor for more information.
Maryland Wage Payment Timing
- Employers in Maryland are generally required to pay employee wages at least biweekly (every other week) or twice per month. Payments must be made on regular paydays.
- If the regular payday falls on a weekend or holiday, wages must be paid by the workday before the weekend or holiday.
- Executive, administrative and professional employees may be paid less frequently.
For more information, please click here.
Wage Statements
Each pay period, employers must provide their employees with a state of their gross earnings and deductions for that period. Wage statements may not include the employee's Social Security number.
Notice of Sick and Safe Leave Balance
Under the state sick and safe leave law, when wages are paid to an employee, the employer must provide in writing (by any reasonable method) a statement regarding the amount of earned sick and safe leave that is available for use by the employee. An employer may satisfy this requirement by providing an online system through which an employee may ascertain the balance of his or her available earned sick and safe leave.
Click here for more details. Note that certain smaller employers are only required to provide unpaid earned sick and safe leave.
Prohibited Retaliation
State law allows employees to inquire about, discuss or disclose their wages. In addition, employers cannot require employees to sign a waiver or any other document that deprives them of their right to disclose or discuss their wages with others.
As a result, employers cannot take any adverse employment action against any employee who:
- Inquires about the wages of another employee, or his or her own wages;
- Discloses his or her own wages;
- Discusses another employee’s wages (if those wages were disclosed voluntarily);
- Asks the employer to provide a reason for the employee’s wages; or
- Assists or encourages another employee to exercise his or her rights to inquire about, discuss or disclose their wages.
However, an employer may, in a written policy provided to each employee, establish reasonable workday limitations on the time, place and manner for inquiring about, discussing or disclosing employee wages. The policy may prohibit an employee from discussing or disclosing the wages of another employee without that employee's prior permission.
An exception to this prohibition may apply to an employee who has access to the wage information of other employees as a part of the employee's essential job functions, if the discussion or disclosure is in response to a complaint, investigation or proceeding.
Finally, Maryland law clearly states that the state’s anti-retaliation law does not:
- Require an employee to disclose his or her wages;
- Reduce an employee’s legal right to negotiate the terms and conditions of his or her employment;
- Limit the rights of an employee provided under any other provision of law or collective bargaining agreement;
- Obligate any employer or employee to disclose wages;
- Permit an employee, without the written consent of an employer, to disclose proprietary information, trade secret information or information that is otherwise subject to a legal privilege or protected by law; or
- Permit an employee to disclose wage information to his or her employer’s competitor.
More Information
For more information please visit the Maryland Department of Labor.
Wage Payment Timing in Massachusetts (MA)
Employers in Massachusetts generally must pay employee wages weekly or biweekly, as follows:
- Employees who work 5 or 6 days per week, as well as salaried employees, must receive wages within 6 days of the end of a pay period.
- Employees who work 7 days per week and those who work fewer than 5 days per week must receive their wages within 7 days of the end of a pay period.
- Executive, administrative and professional employees, and employees whose salaries are regularly paid on a weekly basis or at a weekly rate for a work week of substantially the same number of hours from week to week, may elect to be paid monthly.
- In any event, these wages must be paid within 6 days from the termination of the pay period.
- If an employee is absent on a payday, the employee must be paid on demand.
For more information, please click here.
Wage Payment Timing in Michigan (MI)
Employers in Michigan are generally required to pay employee wages on a regular basis: weekly, bi-weekly, semi-monthly or monthly.
For more information, please click here.
Minnesota Wage Payment Timing
Employers in Minnesota are generally required to pay employee wages (salary, earnings and gratuities) at least every 31 days on a regular payday established by the employer in advance, regardless of whether the employee requests payment at longer intervals.
- Wages earned in the first half of an employee's first 31 days of work must be paid by the first regular payday after the employee begins work, unless paid earlier.
- Commissions must be paid at least once every three months.
- Schools may pay their employees in accordance with the terms and conditions of an applicable contract, collective bargaining agreement, or personnel policy.
- Employers with employees in employment of a transitory nature (such as work on roads, highways, sewers, or ditches; clearing land; or production of forest products or other work that requires the employee to change residences) must pay wages at least every 15 days.
For more information, please click here.
Wage Payment Timing in Mississippi (MS)
Mississippi currently has no general laws regulating the timing of wage payments to private sector employees.
Special Rules for Employers in Certain Industries
Employers engaged in manufacturing of any kind with 50 or more employees must pay wages at least once every 2 weeks, twice a month, or on the second and fourth Saturdays of each month. Payment must be made within 10 days after the end of the pay period. Executive, administrative and professional employees are not covered by this requirement.
For more information, please see the Mississippi Statutes (§ 71-1-35).
Wage Payment Requirements in Missouri (MO)
Several
federal laws regulate work hour and wage payment requirements. These
include the Fair Labor Standards Act (FLSA), the Davis-Bacon Act and the
Service Contract Act. Missouri law also imposes work hour laws and wage
payment requirements and, in some instances, provides additional
requirements that employers in the state must follow. Under the FLSA,
when both federal and state laws apply, employers must comply with the
law that provides the highest benefit or protection for their employees.
The Missouri Department of Labor and Industrial Relations (DOLIR) enforces these requirements throughout the state.
Wage Payment Requirements
In
general, employers must pay employee wages at least twice per month on
established paydays, designated in advance by the employer. Employers
can establish regular paydays once per month for executive,
administrative and professional employees, sales personnel and other
employees paid on commission (in whole or in part).
Regular
paydays must generally take place within 16 calendar days after the end
of each regular pay period. If a payday falls on a weekend, holiday or
other non-working day, employers must pay wages on the working day
immediately prior to the non-working day.
Manufacturing employees,
including plate glass manufacturing employees, must receive their full
wages every 15 days, within 5 days of the end of the pay period.
Executive, administrative, professional and commissioned employees, as
well as salespersons, may be paid on a monthly basis at the option of
the employer.
Pay Statements
Employers must
provide each employee with at least a monthly statement that shows all
deductions taken from the employee’s wages for the period.
Wage Payment Timing in Montana (MT)
Employers are required to pay wages in Montana as follows:
- Employers are generally required to pay employee wages within 10 business days of the end of a pay period.
- 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.
- Employees who submit timesheets after an established due date for processing, and are not paid within the 10-day period, may be paid the following pay period.
For more information, please click here.
Wage Payment Timing in Nebraska (NE)
Employers in Nebraska are required to pay wages on regular days, whether determined by the employer or agreed upon by the employer and the employee.
- An employer that changes the payday must give 30 days' written notice to employees before implementing the change.
For more information, please visit the Nebraska Wage Payment and Collection Act (§ 48-1230).
Law Requires Employers to Provide Wage Statement to Certain Employees
Under the Nebraska Wage Payment and Collection Act, on each regular payday, the employer must deliver or make available to
each employee (by mail or electronically) or must provide, at the
employee’s normal place of employment during employment hours for all
shifts, a wage statement showing (at a minimum) the:
- Identity of the employer;
- Hours for which the employee was paid;
- Wages earned by the employee; and
- Deductions made for the employee.
However, the employer need not provide information on hours worked for employees who are exempt from overtime under the federal Fair Labor Standards Act,
unless the employer has established a policy or practice of paying to
(or on behalf of) exempt employees overtime, or bonus or a payment based
on hours worked. In such instances, the employer must send or otherwise
provide a statement to exempt employees showing hours worked or the
payments made.
Click here to read the text of the law.
Wage Payment Timing in Nevada (NV)
Employers in Nevada are generally required to pay employee wages at least semi-monthly as follows:
- Wages that employees earned prior to the start of a month must be paid by 8:00 a.m. on the 15th day of the following month. Wages earned prior to the 16th day of a month must be paid by 8:00 a.m. on the last day of the month.
- Employers and employees may agree on a more frequent pay schedule and an alternate place of payment, but not as a condition of employment.
- If an employee is absent on a payday, the employee must be paid within 5 days of a written request.
Note: If employers have their principal place of business and their payroll prepared outside the state, they may designate one or more paydays each month for executive, administrative, professional or supervisory employees, or outside salespersons (except with respect to employees whose wages are determined pursuant to collective bargaining agreements).
Notice Requirements
Employers must post notices in 2 places that inform employees of established paydays and the place of payment, and must give employees written notice 7 days in advance of any changes in the payday or place of payment.
For more information, please see the Nevada Statutes (§§ 608.060–.080).
New Hampshire Wage Payment
Employers are required to pay wages in New Hampshire as follows:
- Unless otherwise approved by the New Hampshire Department of Labor, employers must pay wages on a weekly or biweekly basis.
- Employers generally must pay wages within 8 days after the expiration of the work week if the employee is paid weekly, or within 15 days after the expiration of the work week if the employee is paid biweekly.
- Employers must pay salaried employees in full for any periods in which they work, unless the salaried employee:
- Is on unpaid leave under the federal Family and Medical Leave Act;
- Is under unpaid disciplinary suspension without pay in accordance with the terms of the federal Fair Labor Standards Act;
- Requested time off after using any paid leave; or
- Is on unpaid bereavement leave under a written employment policy.
- Employers may prorate a salaried employee's wages to a daily basis if the salaried employee began work after the start of the pay period or terminates (voluntarily or for cause) prior to the end of the period.
- Based on written employment policies, employers can offset amounts received by employees for jury, witness, or military service.
Notice Requirements
- Employers must, at the time of hiring and prior to any changes, notify employees in writing as to the rate of pay, the day and place of payment and the specific methods used to determine wages due.
- Additionally, employers must post a summary of the state wage payment law in a place that employees can access.
More Information
For more information, please contact the New Hampshire Department of Labor.
Wage Payment Timing in New Jersey (NJ)
Employers are required to pay wages in New Jersey as follows:
- Employers are generally required to pay employee wages twice per calendar month on regular pay days designated in advance by the employer.
- Employers must make payments within 10 days after the end of a pay period.
- If a regular payday does not fall on a workday, the employer must pay wages the prior workday except where it is otherwise provided for in a collective bargaining agreement.
- Employers of executive, supervisory and other special classifications of employees may establish pay days that are less frequent than semi-monthly if the employee is paid in full at least once each calendar month on a regularly established schedule.
Notice Requirement
Employers must post in their workplaces a summary of the state wage payment law provided by the Department of Labor and Workforce Development.
For more information, please click here.
Wage Payment Timing in New Mexico (NM)
Employers in New Mexico are generally required to pay employee wages on regular paydays no more than 16 days apart as follows:
- Wages for services rendered between the first and 15th days of each calendar month must be paid by the 25th day of that month.
- Wages for services rendered between the 16th day and the last day of the calendar month must be paid by the 10th day of the following month.
If an employer has a central location outside of the state where earnings are computed and payrolls are prepared, the employer may pay wages as follows:
- Wages for services rendered from the first day to the 15th day of a calendar month must be paid by the last day of the month.
- Wages for services rendered from the 16th day of a calendar month to the last day of the month must be paid by the 15th day of the following month.
Employers also may pay wages at more frequent intervals than those set forth above.
Note: Employees who are paid on a commission, task or piece basis may agree in writing, at the time they are hired, to be paid on a monthly basis on or before the 10th day of the following month. Executive, administrative and professional employees as well as outside salespersons, may be paid monthly, except for those employees whose wages are subject to the provisions of a collective bargaining agreement.
For more information, please click here (§ 50-4-2).
Wage Payment Timing in New York (NY)
Employers in New York are generally required to pay employees at least twice per month on paydays designated in advance.
- Fringe benefits (such as vacation or holiday pay) must be paid within 30 days after payment is required to be made.
Special Rules for Employers in Certain Industries
- Clerical and other workers must be paid the wages earned in accordance with the agreed terms of employment, but not less frequently than semimonthly, on regular pay days designated in advance by the employer.
- Manual workers must generally be paid weekly and not later than 7 calendar days after the end of the pay period. Non-profit organizations may pay workers twice a month if that is their agreement. Under certain conditions, a large business may ask the state Labor Department for permission to pay its manual workers twice per month.
- Commission salespeople must receive wages, salary, drawing account, or commissions at such times as provided in the employment agreement, but they must be paid at least once a month and not later than the last day of the month following the month in which the money is earned. If a salesperson receives monthly payments of wages, salary, drawing account, or commissions that are substantial, additional compensation such as bonuses or "incentive" earnings may be paid at such times as agreed by the employer and salesperson.
Wage Notification Requirements
The New York Wage Theft Prevention Act amended the New York Labor Law to expand employee notifications, enhance available remedies for wage law violations, and strengthen whistleblower protections. Highlights of the law are outlined below.
Time of Hire Notice and Written Acknowledgement
Employers are required to provide employees, at the time of hiring, a notice containing the following information:
- The rate(s) of pay (including the regular hourly and overtime rates of pay for employees not exempt from overtime pay) and the basis of the wage payment, such as hourly, shift, daily, weekly, salary, piece or commission;
- Any allowances claimed as part of the minimum wage, including tip, meal, or lodging allowances;
- The regular pay day designated by the employer; and
- The name (including any "doing business as" names) used by the employer, along with the physical and mailing addresses and telephone number of the employer's main office or principal place of business.
This notification must be provided in writing, in English and in the language identified by each employee as his or her primary language.
Additionally, the employer must obtain a signed and dated written acknowledgement of receipt of this notice from each employee (in English and in the employee's primary language) each time such notice is provided. This acknowledgement must include an affirmation by the employee that the employee accurately identified his or her primary language to the employer, and that the notice provided by the employer was in that language (or as otherwise required under the law). Employers are required to maintain this acknowledgement for 6 years.
Under the law, the New York State Department of Labor is responsible for preparing dual-language templates that comply with these requirements. Please click here for these templates. Note: When an employee identifies as his or her primary language a language for which a template is not available from the labor commissioner, the employer must provide that employee an English-language notice or acknowledgment.
Employers are also required to notify employees in writing of any changes to the information required by the above notice at least 7 calendar days in advance, unless the change is listed on the employee's pay stub.
Payroll and Paystub Notice
Employers are required to provide each employee with a statement with every payment of wages, listing the following:
- The dates of work covered by that payment of wages;
- Name of employee, name of employer, and address and phone number of employer;
- Rate(s) of pay and basis of the wage payment, such as hourly, shift, daily, weekly, salary, piece or commission;
- Gross wages;
- Deductions;
- Allowances, if any, claimed as part of the minimum wage; and
- Net wages.
For employees who are not exempt from overtime pay, this statement must also include:
- The regular hourly rate or rates of pay;
- The overtime rate or rates of pay;
- The number of regular hours worked; and
- The number of overtime hours worked.
Payroll records showing the hours worked per week, the rate or rates of pay and the basis of the wage payment, gross wages, deductions, allowances, and net wages for each employee also must be maintained by the employer for 6 years.
To view a sample wage statement, please click here.
Note: Under a local law ("Introduction Number 1396-A") in New York City, a fast food employer must pay schedule change premiums at such time as the employer pays an employee wages owed for work performed during that work week. Schedule change premium pay must be separately noted on a wage stub or other form of written documentation and provided to the employee for that pay period. Click here for more information, including details on additional requirements and the scope of coverage. Rules are also available.
Enforcement Provisions
Action by Employee
- If any employee is not provided the "time of hire" notice within 10 business days of his or her first day of employment, the employee may recover damages of $50 for each work day that the violations occurred or continue to occur (but not to exceed a total of $5,000) together with costs and reasonable attorney's fees. A court may also award other relief, including injunctive and declaratory relief.
- If any employee is not provided with the required "payroll/paystub" notice (with every payment of wages), he or she will recover damages of $250 for each work day that the violations occurred or continue to occur (but not to exceed a total of $5,000) together with costs and reasonable attorney's fees. The court may also award other relief, including injunctive and declaratory relief, that the court in its discretion deems necessary or appropriate.
Action by Labor Commissioner on Behalf of Employee
- On behalf of any employee not provided the "time of hire" notice, the commissioner may (among other things) assess against the employer damages of $50 for each work day that the violations occurred or continue to occur, but not to exceed a total of $5,000.
- On behalf of any employee not provided the "payroll/paystub" notice (with every payment of wages), the commissioner may (among other things) assess against the employer damages of $250 for each work day that the violations occurred or continue to occur, but not to exceed a total of $5,000.
There are also potential criminal penalties for violating the law.
For more information about the Wage Theft Protection Act, please review § 195 of the New York Labor Code. For more information about wage payment timing generally in New York, please click here.
New York City "Freelance Workers"
- A law enacted by the New York City Council establishes and enhances protections for freelance workers, including, among other things, the right to timely payment.
- The term "freelance worker" means any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation. The term does not include certain sales representatives and lawyers.
- The contracted compensation must be paid to the freelance worker on or before the date such compensation is due under the terms of the contract. If the contract does not contain a payment date or mechanism by which the date will be determined, payment must be made no later than 30 day after completion of the freelance worker's services under the contract. Click here for more information.
North Carolina Wage Payment Requirements
The
North Carolina Wage and Hour Act (WHA) complements federal law and
defines wage payment requirements for employers in the state. In
general, the WHA follows federal guidelines, but in some instances
provides more stringent requirements for employers.
The Wage and
Hour Bureau of the North Carolina Department of Labor (NCDOL) enforces
WHA provisions and investigates wage payment violation claims. Under
state law, local governments are prohibited from adopting or imposing
any requirement upon an employer pertaining to employee compensation,
such as wage levels, hours of labor and payment of earned wages.
Notice Requirements
The WHA requires employers in North Carolina to:
- Display a notice of their wage payment policies and practices in a place accessible to employees;
- Notify employees at the time of hiring of their wage rate and the day and place for payment. The notice must be in writing;
- Notify
employees of any changes in wage payment at least one pay period before
the changes take place (the notice must be in writing) and
- Provide
each employee with an itemized statement of all deductions made to the
employee’s wages for each pay period when a deduction is made
Frequency of Payments
The
WHA allows employers in North Carolina to pay their employees every
day, every week, every other week, twice a month or every month.
Subject
to an advanced notice requirement, the WHA also allows employers to pay
annual wages to employees when the employees' wages are based on
bonuses, commissions and other forms of infrequent payment.
More Information
For more information, please visit the NCDOL website.
North Dakota Wage Payment Timing
Employers in North Dakota are required to pay employee wages at least once per month on regular paydays designated in advance.
Notice Requirement
Employers must conspicuously post a summary of the state's wage and hour laws provided by the state Department of Labor in a commonly frequented area of the workplace.
For more information, please click here.
Wage Payment Timing in Ohio (OH)
Employers are required to pay wages in Ohio as follows:
- Employers are generally required to pay wages earned in the first half of each month by the first day of the next month. Wages earned in the second half of each month must be paid by the 15th day of the next month.
- Employees who are absent on a payday must be paid upon demand at the place where the wages are usually paid.
- Employers may pay wages less frequently if based on a written contract, if it is customary in the trade, or when permitted by law. Employers may also pay wages more frequently.
For more information, please click here.
Oklahoma Wage Payment Requirements
Frequency of Payment
- Employers must pay employee wages at least twice per month on regular paydays established in advance
by the employer. However, public, exempt, school district, technology center
school district and non-private foundation employees must be paid at least once
per month.
- Regular paydays must generally be within 11 calendar days after the end of the period, unless
employers reach a different mutual agreement with their employees. However,
Oklahoma laws do not restrict an employer from paying wages to its employees at
earlier days or at more frequent intervals.
Method of Payment
Oklahoma law requires employers to pay wages in lawful United
States currency or through electronic means. Every employer-issued check,
cashier's check, draft, time check, store order or scrip must be redeemable on
demand and at face value (with no discount or fee to the employee).
In addition, on May 5, 2022, Oklahoma adopted senate
bill (SB) 1345 to allow employers the option of paying employee wages
through deposit at a financial institution or payroll card. SB 1345 becomes effective on Nov. 1, 2022.
SB 1345 allows
employers in the state to pay all wages due to their employees on payday
through:
- Deposit at predesignated financial institutions
of their employees’ choice; or
- A payroll card account if employees do not
consent or designate a financial institution for deposit.
SB 1345 specifies that employers may opt to pay employee wages
through deposit at their discretion.
Under SB 1345, “financialinstitution” means a
bank, savings bank, savings and loan association, or credit union whose
deposits are insured by the Federal Deposit Insurance Corporation, the National
Credit Union Administration or any successor institution. “Payrollcard”
means a card or other device used by an employee to access wages from a payroll
card account.
More Information
For more information, please see the Oklahoma Labor Statutes (§ 40-165.2).
Wage Payment Timing in Oregon (OR)
Employers are required to pay wages in Oregon as follows:
- Employers are generally required to pay employee wages at least once every 35 days on days designated in advance by the employer.
- An employer who has been notified that an employee has not been fully paid on a designated payday must pay the amount of any undisputed wages as follows:
- If the underpayment is less than 5% of the employee's gross wages, the amount may be paid on the next regular payday.
- If the underpayment is 5% or more of the gross wages, the amount must be paid within 3 business days.
For more information, please click here.
Wage Payment Timing in Pennsylvania (PA)
Employers are required to pay wages in Pennsylvania as follows:
- Employers are required to pay their employees on regularly scheduled paydays designated in advance by the employer.
- The time between the end of a pay period and the payday may not be greater than 15 days, unless otherwise specified in a written contract between the employer and the employee, or by trade custom.
- Overtime wages are payable in the following pay period.
Notice Requirements
The employer must notify each employee at the time of hiring of:
- The time and place of payment;
- The rate of pay; and
- The amount of any fringe benefits or wage supplements to be paid to the employee, a third party or a fund for the benefit of the employee.
For more information, please click here.
Wage Payment Timing in Rhode Island (RI)
Employers in Rhode Island are required to pay employee wages as follows:
- Employers are generally required to pay wages weekly, except for employees:
- Of the state and its political subdivisions;
- Of religious, literary or charitable corporations; or
- Whose compensation is fixed at a biweekly, semimonthly, monthly or annual rate.
Note: A law allows employee wages to be paid less frequently than weekly (but no less than twice per month) if the employer meets certain requirements. Click here for more information.
- Employers must make payments within 9 days of the end of a pay period.
- If the 9th day is a holiday, employers may make payments the next business day.
- Employees must be notified at least 3 paydays in advance of any change in a scheduled payday.
- Employees who are absent on a payday must be paid at their request.
Note: The wage payment requirements do not apply to bonuses.
For more information, please see the Rhode Island Statutes (§§ 28-14-2; 28-14-2.2).
Payroll Cards
Under a new law effective as of July 15, 2015, an employer may pay an employee (upon his or her written or electronic request) by sending a credit in the amount of net pay due to the employee to a financial organization designated by the employee for credit to his or her payroll card.
If an employer pays wages to an employee by credit to a payroll account:
- The employee generally must be able to make at least one withdrawal from the payroll card account in each pay period without charge for any amount (up to and including the full amount of the employee's net wages for the pay period).
- Note: If the employee's wages are paid more frequently than weekly, the employee must be able to make at least one withdrawal from the payroll card account each week without charge (for any amount up to and including the full amount of the employee's net wages for that week).
- Employees who receive wages by credit to a payroll card account must be provided with a means of checking their payroll card account balances without cost (either through an automated telephone system, or online, through the use of the internet), irrespective of the number of inquiries made.
Note: Employers utilizing payroll cards must also comply with certain other laws and regulations, including guidance from the federal Consumer Financial Protection Bureau.
To read the text of the law regarding payroll cards, click here.
South Carolina Wage Payment Timing
Employers in South Carolina are generally required to notify employees in writing at the time of hiring of their normal hours and wages, and the time and place of payment.
- Employers may make this notification by conspicuously posting the terms at or near the place of work.
- Employers must put any changes in these terms (except wage increases) in writing at least 7 calendar days before implementing any change.
Note: These requirements do not apply to employers that had fewer than 5 employees at all times during the preceding 12 months or to employers of domestic labor in private homes.
For more information, please click here.
Wage Payment Timing in South Dakota (SD)
Employers in South Dakota are generally required to pay employee wages at least monthly, or on regular agreed paydays designated in advance by the employer.
For more information, please click here.
Tennessee Wage Payment Requirements
Tennessee
law requires employers to pay wages in lawful United States currency by
check, draft, electronic fund transfer or prepaid debit card.
- Checks and Drafts:
Wage checks and drafts must be valid negotiable instruments, payable
upon presentation at a bank or other established place of business
without discount, exchange or collection cost to employees.
- Prepaid Debit Cards:
Employers may use prepaid debit cards to pay their employee’s wages if
they can ensure that each employee can make at least one withdrawal or
transfer per pay period without incurring any costs for the entire
amount contained on the card.
In addition, employers must:
- Disclose to their employees all applicable fees associated with a prepaid debit card program;
- Give their employees a choice between the prepaid debit card and an electronic fund transfer; and
- Explain to their employees how the prepaid debit card system works before the employees choose to use this method of payment.
Frequency of Payment
Tennessee law requires employers to establish and maintain regular paydays.
Paydays must take place at least monthly. Employers that pay wages
monthly must provide all employee wages and compensation earned and
unpaid prior to the first day of any month no later than the fifth day
of the succeeding month.
Employers may also pay employees twice
per month. The earning period determines the deadline employers must
follow to pay employee wages and compensation.
- Wages earned between the 1st and the 15th day of the month must be paid by the 5th day of following month.
- Wages earned between the 16th and the last day of the month must be paid by the 20th day of following month.
Payments to Tipped Employees
Under
state law, tipped employees are entitled to receive their tips by the
close of business on the day the tip was received or collected. However,
employers may also distribute tip payments to employees at a time when
wages are regularly paid.
Tennessee law prohibits employers from
reducing a tipped employee’s earned tips if the tips come from mandatory
service charges or are collected from customers, members or patrons.
Employers that violate state tip payment laws commit a Class C
misdemeanor punishable by a fine of up to $50, imprisonment for up to 30
days or both. The state may consider each failure to pay an employee’s
tip wages as a separate offense.
Lastly, Tennessee law prohibits
marketplace platforms from keeping tips intended for marketplace
contractors. This law has great applicability for gig economy workers
and the companies that hire these individuals.
Notice and Postings
Tennessee
law requires employers to inform individuals of their wage rates before
allowing them to work in, about, or in connection with any workshop or
factory.
In addition, employers must post and maintain notices of
paydays in at least two conspicuous places where employees can see them
as they go to and from work.
Texas Wage Payment Timing
Method of Payment
Texas law allows employers to pay employee wages by cash, check, electronic fund transfer, or--with the employee’s written agreement--in kind.
In addition, employers can pay employee wages by using a payroll card account, if they meet employee notification and other requirements, including an opt-out provision.
Frequency of Payment
Employers in Texas are required to pay employees at least twice per month on regularly scheduled paydays, unless they qualify for an overtime exemption under the federal Fair Labor Standards Act. These "exempt" employees must be paid at least once per month.
If no payday is designated by an employer, the default pay schedule is the first and 15th days of each month. Employees who are absent on a payday must be paid at their request on any following business day.
Notice Requirement
Employers must post noticesof regular paydays in conspicuous places in their workplaces.
Additional Information
Click here for more information on the Texas Payday Law from the Texas Workforce Commission.
Wage Payment Timing in Utah (UT)
Employers in Utah are required to pay employee wages as follows:
- Employers are generally required to pay employee wages at regular intervals on days designated in advance by the employer and in periods of at least twice per month.
- Payments must be made within 10 days of the end of the pay period, or if the regular payday occurs on a Saturday, Sunday or legal holiday, on the previous day.
- Employees hired on a yearly salaried basis may be paid monthly on or before the 7th day of the month following the month during which services were rendered.
- Employers may pay wages at more frequent intervals, in greater amounts or in full before they are due, but are not permitted to pay wages less frequently unless they obtain approval from the state Division of Antidiscrimination and Labor.
Notice Requirements
At the time of hiring, employers must notify employees of their regular payday, place of payment, and pay rate.
- Employers may satisfy this notification requirement by conspicuously posting this information at or near their workplace where employees can view the notice.
- If an employer changes any of these terms, it must inform employees prior to implementing the change.
For more information, please see the Utah Code (§§ 34-28-3; 34-28-4; 34-28-7).
Wage Payment Timing in Vermont (VT)
Employers in Vermont are required to pay employee wages as follows:
- Employers are generally required to pay employee wages weekly, or if they provide written notice to employees, biweekly or semimonthly.
- Payments must be made within 6 days of the end of a pay period, or within 13 days of the end of a pay period if agreed to in a collective bargaining agreement.
- Employees who are absent on a regular payday must be paid at their request.
Notice Requirement
Employers are required to keep a copy of the wage payment law, as well as any regulation or order under the law, posted in a conspicuous place in the area where employees are employed.
Wage Payment Requirements in Virginia (VA)
The
Fair Labor Standards Act (FLSA) regulates minimum wage, overtime pay
and work hour requirements for most employees. The Virginia Minimum Wage
Act (VMWA) complements federal law and, in some instances, provides
more stringent requirements that employers must follow. Under the FLSA,
when both state and federal laws apply, employers must comply with the
law that provides the greatest benefit or protection for their
employees.
The Virginia Department of Labor and Industry (VDOLI) monitors and enforces compliance with the VMWA throughout the state.
Method of Payment
Virginia
law requires employers to pay wages in lawful United States currency.
Acceptable means of payment include cash, check, direct deposit or
prepaid debit card (if the employee agrees to this form of payment after
receiving full disclosure of all applicable fees).
Frequency of payment
Employers
must pay salaried employees at least monthly and hourly employees at
least semimonthly or biweekly. However, Virginia law allows employers to
pay an hourly employee at least once per month if the employee:
- Is
enrolled in a work-study or equivalent program or receives weekly wages
higher than 150% of the average weekly wage for the state; and
- Has individually agreed to be paid monthly.
Wage Payment Timing in Washington (WA)
Employers in Washington are generally required to pay employee wages at least once per month on designated paydays, as follows:
- Employers that pay monthly may include wages for work performed by an employee during the last 7 days of the pay period with the wages paid on the payday for the next pay period.
- Employers that pay more often than monthly must make payments within 10 days of the end of the pay period.
- Salespersons must receive all money earned, including commissions, for products or goods they sold within 30 days of the employer's receipt of payment.
Notice Requirement
Employers must post a copy of the wage payment law provided by the state Labor Department in a readily accessible location in the workplace.
For more information, please contact the Washington Department of Labor and Industries.
West Virginia Wage Payment
Employers in West Virginia are generally required to pay employee wages at least twice every month, with no more than 19 days between settlements (unless otherwise provided by special agreement).
- Employees who are absent on a regular payday must be paid at their request.
Notice Requirements
- Employers must notify employees, in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment.
- If an employer changes a policy concerning these terms, the employer must notify employees in writing prior to implementing any such change.
- The employer may also make notification by posting a notice containing the changes in a location accessible to its employees.
- Employers are also required to post a portion of the wage payment law provided by the state Division of Labor.
Payroll Cards
On March 23, 2022, West Virginia amended
its wage payment laws and changed several provisions regarding payroll cards.
The amendments become effective June 9, 2022. West Virginia requires employers to pay employee wages
with cash, check, direct deposit or payroll card. Beginning June 9, 2022,
employers will no longer be required to obtain a written agreement to pay
employee wages through direct deposit or payroll card. Instead, employers may
unilaterally use payroll cards when employees fail to provide all the
information employers need to successfully set up a direct deposit of wages.
- Employers must offer employees the direct
deposit option before setting up a payroll card for them;
- Employers must disclose, in writing, any
applicable fees associated with the card;
- Employees must have the ability to make at least
one withdrawal or transfer from their cards per pay period, without any cost or
fee, for any amount up to the amount contained in the card; and
- Employees must be able to make unlimited
withdrawals or transfers from their cards within the network of the institution
that issued the card, without any cost or fee, for any amount up to the amount
contained in the card.
Employers in West Virginia should review these amendments
and update their payroll processes and procedures to ensure compliance with
direct deposit and payroll card requirements by June 9, 2022.
More Information
For more information, please click here.
Wage Payment Timing in Wisconsin (WI)
Employers are required to pay wages in Wisconsin as follows:
- Employers are generally required to pay employee wages at least once per month within 31 days of the end of a pay period, except for:
- Managerial and executive employees, and commissioned salespersons;
- Employees who work in a capacity in which they are privy to confidential employer-employee matters;
- Corporate officers and directors;
- Members and managers of limited liability companies;
- Partners of partnerships and joint ventures;
- Employees who receive compensatory time off in lieu of overtime pay;
- Public and private school employees who request to receive payment over a one-year period;
- Independent contractors; and
- Workers with an alternate pay schedule under a collective bargaining agreement.
- Employees who are absent on a regular payday must be paid within 6 days of their request.
For more information, please click here.
Wage Payment Timing in Wyoming (WY)
Wyoming currently has no general laws regulating the timing of wage payments to private sector employees.
Special Rules for Employers in Certain Industries
Employers that operate mines, refineries, factories, mills, workshops and railroads are subject to the following wage payment requirements:
- These employers are required to pay employee wages at least twice per month.
- Wages earned in the first half of each month must be paid on the first day of the next month, while wages earned in the second half of each month must be paid on the 15th day of the next month.
- If a payday does not occur on a workday, employees must receive wages the previous workday.
- Employees who are absent on a payday must be paid at their request.
- Employers must conspicuously post copies of the state wage payment law in 2 workplace locations where employees can view the postings.
For more information, please click here.