There's no federal rule that a final paycheck must be paid immediately. The timing is set by state law, and it often depends on whether you quit or were fired: California requires immediate payment on dismissal, while Texas allows 6 calendar days after a firing and the next regular payday after a resignation.
That's from the US Department of Labor's last paycheck page, the California Labor Commissioner's paydays FAQ and the Texas Workforce Commission's employer guidebook, all checked in October 2026. If the regular payday for your last pay period has passed and you haven't been paid, the DOL says to contact its Wage and Hour Division or your state labor department.
Final paycheck deadlines in California and Texas
| Situation | California | Texas |
|---|---|---|
| Fired or laid off | Immediately, at the time of termination | Within 6 calendar days |
| Quit with at least 72 hours' notice | At the time of quitting | Next regularly scheduled payday |
| Quit without notice | Within 72 hours | Next regularly scheduled payday |
| Accrued vacation and other benefits | Included in the final pay | Same deadline, unless a written policy sets a different payout schedule |
California's rules in detail
California is the strictest example. An employee who is discharged must be paid all wages, including accrued vacation, immediately at the time of termination under Labor Code sections 201 and 227.3. Someone without a written contract for a definite period who gives at least 72 hours' notice must be paid when they leave, and someone who quits without notice must be paid within 72 hours. They can ask for it to be mailed, and the mailing date then counts as the payment date.
- Seasonal workers laid off from curing, canning or drying perishable fruit, fish or vegetables: within 72 hours.
- Oil drilling employees who are laid off: within 24 hours, excluding weekends and holidays.
- Motion picture employees whose pay needs special calculation: by the next regular payday.
- Direct deposit authorizations end when the job ends, unless the employee has voluntarily authorized the final payment that way.
Where the final pay is handed over
California also sets the place. For someone who's terminated or laid off, final wages are paid where the termination happens. For someone who quits without 72 hours' notice and doesn't ask for mailing, it's the employer's office in the county where the work was done.
California's waiting time penalty
This is what makes a late final paycheck expensive in California. An employer who willfully fails to pay a departing employee on time can be assessed a waiting time penalty equal to the employee's daily rate of pay for each day the wages stay unpaid, up to 30 calendar days. Employees who avoid or refuse payment don't get the penalty.
Texas rules in detail
Texas sets its timing in section 61.014 of the Payday Law. Laid off, discharged, fired or otherwise involuntarily separated employees must be paid within 6 calendar days. Employees who quit, retire or resign are due final pay on the next regularly scheduled payday after the resignation takes effect. Final pay includes regular wages and fringe benefits payable under a written policy.
The Texas guidebook adds two points employers get wrong. It isn't legal to hold a final paycheck past the deadline because the employee hasn't returned company property or signed timesheets. And if an employee gives notice and the employer accepts it early, the employer doesn't owe pay for the unworked part of the notice period unless a contract says otherwise.
Commissions and bonuses
Whether commissions or bonuses are owed after someone leaves depends on the terms of the agreement. In Texas, commission agreements are enforceable whether they're oral or written, and a pattern of paying commissions a certain way can establish one. A clear, signed written plan avoids most disputes.
What to do if your final paycheck is late
- Check your state's deadline and whether you quit or were let go, because the two often have different clocks.
- Ask the employer in writing for the final pay and any accrued vacation owed.
- In California, you can ask for your payroll records, which must be provided within 21 calendar days of the request.
- If the deadline has passed, contact your state labor department or the DOL's Wage and Hour Division.
My verdict
For employers, the safest habit is to put each state's deadline into your offboarding checklist and have the final paycheck ready on the last day, because in some states that's the law and in others it costs nothing to be early. For employees, the rules depend heavily on your state and on how you left, so check before you wait. Whether unused vacation is included is its own question, which I cover in PTO payout rules, and if you were let go without notice, see at-will employment.
Frequently asked questions
Is there a federal law on final paychecks?
No. Federal law doesn't require employers to give former employees their final paycheck immediately. State laws set the deadlines.
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When do I get my final paycheck if I'm fired in California?
Immediately, at the time of termination, including accrued vacation.
When is the final paycheck due in Texas?
Within 6 calendar days if you're fired or laid off, and on the next regularly scheduled payday if you quit or resign.
Who do I contact if my final paycheck is late?
If the regular payday for your last pay period has passed, the Department of Labor says to contact its Wage and Hour Division or your state labor department.
Is notice pay owed if my employer accepts my resignation early in Texas?
No, not for the unworked part of the notice period, unless a contract obliges the employer to pay for time not worked.
Does my final paycheck include unused vacation in California?
Yes. A discharged employee must be paid all wages, including accrued vacation, immediately at the time of termination.
Can a final paycheck be mailed in California?
Yes. If you quit without giving 72 hours' notice you can ask for it to be mailed to an address you choose, and the mailing date counts as the payment date.
Can my employer hold my last paycheck until I return company property?
Not in Texas. The Texas Workforce Commission says it isn't legal to hold a final paycheck past the deadline for reasons such as unreturned company property.
