Your rights
I left or lost my job. When do I get my final paycheck?
Key takeaways
- Federal law does not require an immediate final paycheck. Your state sets the deadline, and some require payment right away.
- Fired or laid off: pay is due immediately in California, within 6 calendar days in Texas and by the regular payday for your last pay period in New York.
- If it doesn't come, ask in writing, then file a wage claim. In Texas you have only 180 days.
When you leave a job, the pay you have earned is still yours. What changes from state to state is how fast it must reach you: some states want it paid the day you are let go, others by the next regular payday, and federal law sets no deadline at all.
Below: the federal rule, a side-by-side comparison of California, Texas, New York and Florida, how to ask for late pay in writing, where to file a wage claim and how long you have.
Is there a federal deadline for a final paycheck?
No. The U.S. Department of Labor says federal law does not require employers to give former employees their final paycheck immediately, but some states do. So the deadline that applies to you comes from the law of the state where you worked.
If the regular payday for your last pay period has passed and you have not been paid, the Department of Labor says to contact its Wage and Hour Division or your state labor department. The Wage and Hour Division enforces federal minimum wage and overtime; the final-pay deadline itself comes from state law.
Final paycheck rules in California, Texas, New York and Florida
| State | Fired or laid off | You quit | Unused vacation or PTO | Penalty if it's late |
|---|---|---|---|---|
| California | Immediately, when you are let go, including unused vacation. A layoff counts as a discharge. A few industries, such as film production and oil drilling, have their own timing. Cal. Lab. Code §§ 201, 227.3 · DLSE FAQ | With at least 72 hours' notice: on your last day. Without notice: within 72 hours, and it must be mailed to you if you ask and give an address. This applies if you have no written contract for a set term. § 202 | Yes. Earned vacation and PTO are wages and must be paid at your final rate. A "use it or lose it" policy is not allowed, but a cap on how much you can build up is. A union contract can set other rules. § 227.3 · DLSE vacation FAQ | Waiting-time penalty: if the employer willfully pays late, your daily wage for each day it is late, up to 30 days. No penalty if there is a good-faith dispute over what is owed. § 203 |
| Texas | Within 6 calendar days of the discharge. The Texas Workforce Commission applies the same deadline to layoffs and other involuntary separations. Tex. Lab. Code § 61.014(a) · TWC | By the next regularly scheduled payday. The law sets the same deadline with or without notice. § 61.014(b) | Only if promised in writing. Vacation, holiday and sick pay count as wages only when a written agreement or written policy promises them, and that policy's wording controls the payout. § 61.001(7)(B) · TWC | No daily late-pay penalty paid to you. If TWC finds the employer acted in bad faith, it may add a penalty of up to the wages in question or $1,000, whichever is less, which goes to a state fund. §§ 61.053, 61.065 |
| New York | By the regular payday for the pay period in which the job ended. If you ask, it must be paid by mail. N.Y. Lab. Law § 191(3) | The same rule, with or without notice: by the regular payday for the pay period in which you left. § 191(3) | Yes, unless a written policy says otherwise. If you earned vacation and there is no written forfeiture policy, it must be paid. A policy can take it away, for example if you quit without notice, only if you were told in writing. NYS DOL FAQ · § 198-c | In a wage case the employer owes the unpaid wages plus liquidated damages of up to 100% of them, unless it proves it acted in good faith. In court you also get reasonable attorney's fees and interest. § 198(1-a) |
| Florida | No state deadline found. Florida's general labor law does not set a date for a final paycheck. If the regular payday has passed, the U.S. Department of Labor says to contact its Wage and Hour Division. Fla. Stat. ch. 448 · DOL | No state deadline found, with or without notice. Fla. Stat. ch. 448 | No state rule found. Federal law does not require vacation pay; it is a matter of agreement between you and your employer, so check your written policy. DOL | No late-pay penalty found. In a court case for unpaid wages, the judge may award the winning side costs and a reasonable attorney's fee. Unpaid minimum wage: back wages plus an equal amount as liquidated damages, unless the employer shows good faith, and attorney's fees. Fla. Stat. §§ 448.08, 448.110(6)(c) |
Other states set their own deadlines. The U.S. Department of Labor keeps a list of state labor offices where you can check yours.
What your final paycheck should include
- Your wages for all the time you worked and were not yet paid for, through your last day.
- Commissions and bonuses on the terms of your agreement. In California, commissions already earned when you leave are due with the rest of your final pay, not on the employer's usual commission date.
- Unused vacation or PTO, where your state's law or your employer's written policy requires it (see the table above).
How to ask for your final paycheck in writing
- Work out your deadline. Note your last day, how the job ended (fired, laid off, or quit with or without notice) and your state's deadline from the table.
- Write a short, dated request. Send it to your manager or HR: your last day, what you are owed (your final hours, any overtime, commissions, and unused vacation or PTO if your state or policy requires it) and when it was due.
- Ask for it by mail if you won't go back. Give your mailing address in writing. In New York, and in California if you quit without notice, the employer must mail your final pay if you ask.
- Ask for your payroll records. In California, an employer must let a current or former employee see or copy their payroll records within 21 calendar days of a request.
- Keep proof. Keep a copy of your request and proof of when you sent it, such as an email or certified mail receipt.
What your employer may say, and what you can say
“Your last check goes out with the next payroll.”
In California, you can say: “I was let go, so my final wages, including my unused vacation, were due immediately.”
“We're holding your check until you return the laptop.”
In Texas, you can say: “The Texas Workforce Commission says a final paycheck can't be held past the deadline over company property. Please pay it by the due date.”
“Unused vacation is lost when you leave.”
In California, you can say: “Earned vacation is wages in California and can't be forfeited. Please include it in my final pay.”
“You'll have to come to the office to pick it up.”
In New York, you can say: “Please mail my final pay to the address I've given you in writing.”
“Sign this release first, then we'll pay you.”
In California, you can say: “The wages that aren't in dispute have to be paid without a release.”
“There's nothing you can do about it.”
You can say: “If it isn't paid by the end of this week, I'll file a wage claim.”
If it still doesn't come: where to file a wage claim, and how long you have
| If… | What to do | Good to know |
|---|---|---|
| You worked in California | File a wage claim with the Labor Commissioner's Office: online, by email, by mail or in person. Call 833-526-4636. | From 1 to 4 years depending on the claim, for example 3 years for minimum wage and overtime. The waiting-time penalty can be claimed as long as the claim for the wages is on time. |
| You worked in Texas | File a Payday Law wage claim with the Texas Workforce Commission, online or on its form. | No later than 180 days after the wages were due. The deadline is strict. |
| You worked in New York | File a claim with the Department of Labor, Division of Labor Standards (form LS 223). Call 888-525-2267. | The Department does not take claims for wages earned more than 3 years ago. A court case can be filed within 6 years, and that clock pauses while the Department handles your complaint. |
| You worked in Florida | Unpaid wages can be claimed in court. For unpaid minimum wage, send the written notice described above first. | Generally 2 years to sue for wages or overtime; 4 years for a Florida minimum wage claim, or 5 if the violation was willful. |
| Your last pay was below the minimum wage or left out overtime, in any state | Contact the U.S. Department of Labor's Wage and Hour Division: 1-866-487-9243. There is no charge, and complaints are confidential. | Back wages can generally be recovered for 2 years, or 3 if the violation was willful. |
Can my employer punish me for asking or filing a claim?
- Federal law. No one may fire or otherwise punish an employee for filing a complaint about minimum wage or overtime, or for taking part in a Labor Department investigation. Oral and written complaints are protected.29 U.S.C. § 215(a)(3) · DOL Fact Sheet #77A
- California. An employer may not retaliate against you for an oral or written complaint that you are owed unpaid wages, or for filing a claim with the Labor Commissioner. A retaliation complaint generally must be filed within one year.Cal. Lab. Code §§ 98.6, 98.7
- New York. An employer may not fire, threaten or penalize you for complaining, to the employer or to the Department of Labor, about a Labor Law violation you reasonably and in good faith believe happened.N.Y. Lab. Law § 215
- Florida. An employer may not retaliate against you for exercising your Florida minimum wage rights, including filing a complaint.Fla. Stat. § 448.110(5)
Final paycheck checklist
- Your last day of work, and whether you were fired, laid off or quit.
- If you quit: when you gave notice, and a copy of it.
- Your last pay stubs and your own record of hours in the final pay period.
- Your vacation or PTO balance, and the written policy or handbook page about it.
- Any commission or bonus agreement.
- Your written request for final pay, the date you sent it and the mailing address you gave.
- The date your state's payment deadline passed, and the deadline to file a claim.
Can I handle this on my own, or do I need a lawyer?
Many workers get a late final paycheck with a written request or a state wage claim. Talk to an employment lawyer or a legal aid office if a lot of money is at stake, your employer disputes what you are owed, or you were punished for complaining.
Common questions
Does my employer have to give me my final paycheck right away?
Not under federal law. The U.S. Department of Labor says federal law does not require an immediate final paycheck, but some states do. If you are fired or laid off, California requires it immediately, Texas within 6 calendar days and New York by the regular payday for your last pay period.
When do I get my last paycheck if I quit?
In California, on your last day if you gave at least 72 hours' notice, otherwise within 72 hours. In Texas, by the next regularly scheduled payday. In New York, by the regular payday for the pay period in which you left. We found no Florida state deadline.
Do I get paid for unused vacation or PTO when I leave?
It depends on the state. California: yes, earned vacation and PTO must be paid. New York: yes, unless a written policy you were told about says it is forfeited. Texas: only if a written policy or agreement promises it. Federal law does not require vacation pay.
Can my employer hold my last check until I return company equipment?
In Texas, no. The Texas Workforce Commission says it is not legal to hold a final paycheck past the deadline for reasons like not returning company property. A deduction from wages in Texas needs a court order, a law that allows it, or your written authorization for a lawful purpose.
What is a waiting-time penalty?
A California rule. If an employer willfully fails to pay final wages on time, it owes your daily wage for each day of delay, up to 30 days. It does not apply when there is a good-faith dispute over whether wages are owed.
How long do I have to file a claim for my final paycheck?
It depends on where you file: 180 days for a Texas Workforce Commission wage claim; 1 to 4 years with California's Labor Commissioner, depending on the claim; the New York Department of Labor does not take claims for wages earned more than 3 years ago; and federal minimum wage and overtime claims generally reach back 2 years, or 3 if the violation was willful.
Official sources
- U.S. Department of Labor: Last paycheck dol.gov
- U.S. Department of Labor: Vacation leave dol.gov
- U.S. Department of Labor: How to file a complaint dol.gov
- U.S. Department of Labor: Complaints and the investigation process (FAQ) dol.gov
- U.S. Department of Labor: Fact Sheet #77A, prohibiting retaliation under the FLSA dol.gov
- U.S. Department of Labor: State labor offices dol.gov
- California Labor Code § 201: wages due on discharge leginfo.legislature.ca.gov
- California Labor Code § 202: wages due when you quit leginfo.legislature.ca.gov
- California Labor Code § 203: waiting-time penalty leginfo.legislature.ca.gov
- California Labor Code § 227.3: vested vacation paid at termination leginfo.legislature.ca.gov
- California Labor Code § 98.6: no retaliation for wage complaints leginfo.legislature.ca.gov
- California Labor Code § 98.7: one year to file a retaliation complaint leginfo.legislature.ca.gov
- California Labor Commissioner: Paydays, pay periods and final wages (FAQ) dir.ca.gov
- California Labor Commissioner: Waiting time penalty (FAQ) dir.ca.gov
- California Labor Commissioner: Vacation (FAQ) dir.ca.gov
- California Labor Commissioner: How to file a wage claim dir.ca.gov
- California Labor Commissioner: How to file a retaliation complaint dir.ca.gov
- Texas Labor Code, Chapter 61: payment of wages (Texas Payday Law) statutes.capitol.texas.gov
- Texas Workforce Commission: Final pay twc.texas.gov
- Texas Workforce Commission: Accrued leave payouts twc.texas.gov
- Texas Workforce Commission: Wage claim and appeal process in Texas twc.texas.gov
- New York Labor Law § 191: frequency of payments and pay after termination nysenate.gov
- New York Labor Law § 198: costs and remedies nysenate.gov
- New York Labor Law § 198-c: benefits or wage supplements nysenate.gov
- New York Labor Law § 215: prohibited retaliation nysenate.gov
- New York State Department of Labor: Wages and hours FAQ dol.ny.gov
- New York State Department of Labor: Unpaid or withheld wages and wage supplements dol.ny.gov
- Florida Statutes, Chapter 448 (2026): general labor regulations flsenate.gov
- Florida Statutes § 448.08 (2026): attorney's fees in actions for unpaid wages flsenate.gov
- Florida Statutes § 448.110 (2026): Florida Minimum Wage Act flsenate.gov
- Florida Statutes § 95.11 (2026): limitations on actions flsenate.gov
- Florida Constitution, Article X, Section 24: Florida minimum wage flsenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.