When to provide workers with their last paycheck

Federal law states that terminated workers must be paid within their regular pay period, but states have their own individual laws for furnishing workers with their last paycheck. Employers should check with their legal counsel about compliance with the proper state law, especially for remote workers (governed by the worker's work state, not the employer's state).

For example:

  • CA Law: If the termination is involuntary, the last paycheck must be provided as a 'live" (paper, not direct deposit) check to the worker on their last day of work.
    • If the termination was voluntary and the worker gave more than 72 hours of notice, the paycheck must be provided on the last day of work.
    • If the worker gave fewer than 72 hours of notice before their last day, the employer is granted 72 hours from the time the worker resigned to produce their final paycheck.
  • NY Law - Same as Federal. If the worker asks that their check be mailed to them, the employer must abide by this request.

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