Federal Final Paycheck Law (2026)

When your last paycheck is due in the U.S. after you leave a job, whether you quit or were fired, and what it has to include.

Updated for 2026 Verified Jul 6, 2026

Compiled and verified by David Scott · Verified Jul 6, 2026

Federal law (the FLSA) requires an employer to pay final wages by the next regular payday. Many states set a shorter deadline, so check your state.

Final paycheck deadline in the U.S.

If you are fired or laid off

By the next regular payday

If you quit

By the next regular payday

What your final pay must include

Your final paycheck must include all the wages you earned through your last day. Whether it also has to include unused vacation depends on your state and your employer's policy, some states treat accrued vacation as wages that must be paid out. See PTO payout rules. If an employer misses the deadline, many states add penalties. This is general information, not legal advice.

Common questions

Federal final paycheck FAQ

When is my final paycheck due in the U.S. if I am fired?

If you are fired in Federal, your final paycheck is due by the next regular payday.

When is my final paycheck due if I quit in the U.S.?

If you quit in Federal, your final paycheck is due by the next regular payday.

Does my final paycheck include unused PTO?

It depends on your state and your employer's policy. Some states require accrued vacation to be paid out at separation. See PTO payout rules for details.

Can an employer withhold my final paycheck in the U.S.?

No. An employer cannot withhold earned wages. They can make lawful deductions, but the wages you have earned are owed by the state deadline, whether or not you return company property (with narrow exceptions in a few states).

Where can I find the official federal rule?

The U.S. Department of Labor, Wage and Hour Division and your state wage-payment law govern final pay. The official source is linked on this page.

David Scott

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.