Final Paycheck Requirements Chart -- State-by-State

Transcription

Final Paycheck Requirements Chart -- State-by-StateStateAlabamaFinal Paycheck DueVoluntaryResignation/RetirementAlabama does not have a law addressing payment of wagesupon termination of employment. It is recommended that finalwages be paid by the next regular payday.Final Paycheck DueInvoluntary TerminationAlaska3 working days (not includingweekends & holidays)next regular payday that is atleast 3 days after employerreceived the employee'snotice of resignationArizona7 working days or nextregular payday, whichever issoonernext regular payday7 days of dischargenext regular paydayArkansasNOTE: Effective July 23,2019, final wages must bepaid by the next regularlyscheduled paydayMust vacation paybe included?Penalties for Failure toComply?Requiredstate forms?No, however if an employeroffers vacation time, theemployer must inform theemployees prior totermination that is their policynot to pay out any unusedvacation time upontermination.No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing sonononeYes, employers who fail topay final wages on time maybe required to pay theemployee a penalty equalingthe employee's regular wageor salary from the lesser ofeither: The time of demand to thetime of payment. 90 working daysYes, employers who fail topay final wages on time areguilty of a petty offense.noneNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soYes, all unused, accruedvacation must be paid whenemployment ends WHEN anemployer provides paidvacation according to anaccrual scheme and vacationis earned according to thatschemeYes, employers who fail topay final wages on time maybe required to pay theemployee a penalty equalingthe employee's regular wageor salary from the lesser ofeither: The date of termination tothe time of payment. 60 days.However, these penalties donot apply to employees whovoluntarily quit employment.1Take Care ofUnemploymentBusiness bythe Internet orTelephonePamphlet(UIB-1015A)Notice ToEmployeesForm DWSARK-237.If less than 20employees: ArkansasInsuranceDepartment(Bulletin # 52009)Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateCaliforniaColorado2Final Paycheck DueInvoluntary TerminationAt the time and place ofterminationIf the employee is terminated: If the accounting unit isscheduled to be operationalpay is due immediately If the accounting unit is notscheduled to beoperational, pay is due nolater than 6 hours after thestart of the accountingunit’s next regular workday, If the accounting unit is offsite, wages must bedelivered no later than 24hours after the start of theaccounting unit’s nextregular workday to one ofthe following locations:o Delivered to worksite/local officeo Mailed to last knownaddressFinal Paycheck DueVoluntaryResignation/RetirementIt depends on how muchnotice was provided by theemployee: If employee quits withoutnotice, 72 consecutivehours (includingweekends); If employee gives less than72 hours advance notice,72 hours from the time theemployee gave notice; If employee gave morethan 72 hours advancenotice, last day of work.next regular paydayMay deliver the finalpaycheck to work site/localoffice or mail it to theemployees last knownaddressMust vacation paybe included?Yes, all unused, accruedvacation must be paid whenemployment ends.Penalties for Failure toComply?Requiredstate forms?Change inRelationshipCalifornia does not permit"use it or lose it" vacationpolicies.Yes, employers who fail topay final wages on time maybe required to pay theemployee a penalty equalingthe employee's daily rate ofpay for each day the wagesremain unpaid from the lesserof either: The date of termination tothe time of payment. 30 calendar days.Yes, all unused, accruedvacation that is considered"earned and determinable”must be paid whenemployment endsYes, if an employer refuses topay final wages accordancewith the law, the employeemay send a written demandfor the payment.If less than 20employees: ColoradoContinuationCoveragePamphlet DE2320HIPP noticeIf the employee's wages arenot mailed to the placespecified in the demand andpostmarked within 14 daysafter the receipt of thedemand, the employer isliable for the wages and adamages penalty of thegreater of: 125% of the amount owedup to 7,500, and 50% ofany amount owed over 7,500; or up to ten days ofcompensation. 50% increase in the wagesand damages penaltymentioned above, if theemployer's failure to pay iswillful.Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationConnecticutnext business dayDelaware3next regular paydayFinal Paycheck DueVoluntaryResignation/Retirementnext regular paydaynext regular paydayMust vacation paybe included?No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soPenalties for Failure toComply?Requiredstate forms?Yes, if employer fails to paythe Commissioner maycollect: Full amount of wages withinterest of 12% or 2% primerate established by aFederal Institution. Charges can also beenforced by employee or bythe Department of Labor fortwice the amount includingthe cost of attorney fees.CTUnemploymentSeparationPackage (UC62T/UC-61)The Department of Laborenforce additional penaltiesper violation. The Connecticut wagepayment law also providesfor criminal penalties,including bothimprisonment and fines,against an employer thatfails to pay wages inaccordance with the wagepayment law.Yes, penalties for failure tocomply with wage paymentlaws include: A fine between 1,000 and 5,000 Liquidated damages, if theemployer fails to pay wageswithout any reasonablegrounds for dispute in theamount of the lesser of: 10% of the unpaid wagesfor each day after theappropriate payday untilpayment, except Sundaysand legal holidays; or unpaid wages.If less than 20employees ConnecticutHealth CareContinuationCoveragenoneUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateDistrict ofColumbiaFinal Paycheck DueInvoluntary Terminationnext working dayif employee handles money,then 4 days from date ofdischargeFinal Paycheck DueVoluntaryResignation/Retirementnext regular payday or 7 daysfrom date of resignation,whichever is soonerMust vacation paybe included?Yes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employee has knowinglyagreed to or signed a policyor contract that denies suchpayment.Penalties for Failure toComply?Requiredstate forms?Yes, employers who violateDC wage payment laws areliable for criminal and civilliability as follows:If less than 20employees: District ofColumbiaContinuationCoverageCriminal LiabilityAn employer may face apenalty of: A fine of up to 10,000. Imprisonment for up to sixmonths, but only if theviolation was willful or if itwas a subsequent violation.Civil LiabilityAn employer may be liable tothe employee for: The unpaid wage amount. Reasonable attorneys' feesand costs. Liquidated damages equalto three times the unpaidwage amount, except alesser amount (at leastequal to the amount of theunpaid wages) may beawarded if the employerproves that:o the failure to pay was ingood faith;o the employer hadreasonable grounds tobelieve that it did notviolate DC minimumwage law;o the employer promptlypaid the full amount ofwages claimed to beowed to the employee. Equitable relief.4Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationFloridanext regular paydayFinal Paycheck DueVoluntaryResignation/Retirementnext regular paydayGeorgianext regular paydaynext regular paydayMust vacation paybe included?Penalties for Failure toComply?Requiredstate forms?No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing sonoIf less than 20employees: FloridaHealth Notice (DOL800)Yes, any employer who failsto pay final wages inaccordance with the law maybe liable to the employee fora sum equal to the amount ofunpaid wages and interest ata rate of 6% per year from thedate that the wages weredue.Yes, an employer that doesnot pay all wages due to anemployee after terminationmust pay a penalty in theamount of the employee's wages as ifthe employee had keptworking after discharge for15 days, or until the employee is paid infull, whichever is less.Hawaiiimmediately, unlesscircumstances prevent inwhich case, the next workdayif employee has given onepay period's notice ofresignation, must be paid ontheir final day, otherwise, nextregular paydayNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soIdahoNext regular payday or 10days, whichever is earlier (notincluding holidays &weekends).Next regular payday or 10days, whichever is earlier.No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soIf the employee requests inwriting, must be providedwithin 48 hours.If the employee requests inwriting, must be providedwithin 48 hours.noIf less than 20employees: GeorgiaContinuationCoveragenonenoneCivil penalties may not begreater than: 750.5Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationFinal Paycheck DueVoluntaryResignation/RetirementMust vacation paybe included?Requiredstate forms? 500, if the full amount ispaid before a lien is filed.IdahocontinuedIllinoisPenalties for Failure toComply?immediately, if possible(otherwise, by next regularpayday)immediately, if possible(otherwise, by next regularpayday)Yes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employer is party to acollective bargainingagreement with a union thatprovides otherwiseIf, however, the employeefiles a wage claim in statecourt, the employee may alsoobtain:o The greater of either:o the employee's unpaidwages plus a penalty inthe amount of theemployee's wages if theemployee had keptworking after dischargefor 15 days or until theemployee is paid in full,whichever is less; ordamages of three timesthe unpaid wages stillowed. Attorneys' fees and costs.Yes, if an employer's refusalto pay wages is found to bewillful, their penalty dependson the amount owed.Employers who owe: 5,000 or less are guilty ofa Class B misdemeanor. More than 5,000 are guiltyof a Class A misdemeanorEach day while any violationcontinues is a separate anddistinct offense. Employerswho violate this section againwithin two years are guilty ofa Class 4 felony.Booklet: Whatevery workershould knowaboutUnemploymentInsuranceIf less than 20employees: IllinoisHealth CareContinuationCoverageAn employer who has beendemanded or ordered by the6Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationFinal Paycheck DueVoluntaryResignation/RetirementMust vacation paybe included?7Requiredstate forms?Illinois Department of Labor(IDOL) or court to pay wagesor final compensation mustalso pay a non-waivableadministrative fee of: 250 to the IDOL if theamount ordered by theIDOL as wages owed is 3,000 or less. 500 if the amount orderedby the IDOL as wagesowed is more than 3,000,but less than 10,000. 1,000 if the amountordered by the IDOL aswages owed is 10,000 .IllinoiscontinuedIndianaPenalties for Failure toComply?next regular paydaynext regular paydayYes, all unused, accruedvacation must be paid whenemployment ends ORUNLESS the employer hasan “arrangement or policy”that either places aprerequisite on anemployee’s ability to use thepromised vacation time orprevents the employee fromusing the vacation time aftera certain date or period oftime.An employer that does notpay within 15 calendar daysof the demand or within 35days of an administrative orcourt order is liable to pay thefollowing portions of theamount owed: 20% to the IDOL 1% to the employee percalendar day of delay.Yes, employers violating thewage payment laws may besued in state court and maybe required to pay: The unpaid wages Reasonable court costsand attorneys' fees. 10% fees each day wagesremain unpaid Liquidated damages of 2xthe amount of wages due, ifthe court determines thatthe employer was notacting in good faith.noneUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationIowanext regular paydayFinal Paycheck DueVoluntaryResignation/Retirementnext regular paydayMust vacation paybe included?No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soPenalties for Failure toComply?Yes, employers violating thewage payment laws may besued in state court and maybe required to pay: The unpaid wages. Reasonable court costsand attorneys' fees.Requiredstate forms?If less than 20employees: IowaContinuationCoverageIn addition, the employer mayby subject to a civil moneypenalty of not more than fivehundred dollars per payperiod for each violation -payable to the State.Kansasnext regular paydaynext regular paydayKentuckynext payday or 14 days aftertermination, whichever is laternext payday or 14 days aftertermination, whichever is laterYes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employer has a policy oragreement that statesotherwiseEmployers are not required topayout unused accruedvacation on terminationUNLESS they have a policy,agreement or an establishedpractice of doing soYes, employers who fail topay final wages on time maybe required to pay a penaltyequaling the lesser of: The fixed amount of 1% ofthe unpaid wages for eachday, except Sunday andlegal holidays, this failurecontinues beginning on the9th day after payment isrequired plus interest. OR 100% of the unpaid wagesplus interest .Yes, an employer whoviolates this statute: May be assessed a civilpenalty of between 100and 1,000 for eachoffense. Must make full payment tothe employee for theviolation.If less than 20employees: KansasHealthContinuationCoverageIf less than 20employees KentuckyContinuationCoverageEach failure to pay anemployee the wages due is aseparate offense.8Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateLouisianaFinal Paycheck DueInvoluntary Terminationnext regular payday or 15days after termination,whichever is firstFinal Paycheck DueVoluntaryResignation/Retirementnext regular payday or 15days after termination,whichever is firstMust vacation paybe included?Yes, all unused, accruedvacation must be paid whenemployment endsPenalties for Failure toComply?Requiredstate forms?Yes, an employee who files asuccessful suit to recoverunpaid wages can alsoreceive a penalty in theamount of the lesser of either:If separated forcause maycomplete: SeparationNotice AllegingDisqualification Worker'sInformation forFiling anUnemploymentClaim90 days of wages at theemployee's daily rate of pay.Wages at the final rate of payfrom the time the employeedemands payment until theemployer pays the unpaidwages.MaineMaryland9next payday, or within 2weeks of in person demand,whichever is soonernext regular paydaynext payday, or within 2weeks of in person demand,whichever is soonernext regular paydayYes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employer has a policy oragreement that statesotherwiseYes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employer has a writtenpolicy stating that accrued,unused vacation will not bepaid out at termination ANDthe employer has informed itsemployees of the policy inwritingYes, employers that fail topay wages due are liable for: A fine between 100 and 500 for each violation ofthe wage payment laws. Unpaid wages with interest. Liquidated damages equalto twice the amount ofunpaid wages. Court costs. Attorneys' fees. Injunctive relief.Yes, if wages are withheldand there is no bona fidedispute whether they are due,a court may award theemployee: An amount not exceedingthree times the wages due. Reasonable counsel fees. Costs.If less than 20employees: LouisianaContinuationCoverageMust providewritten noticeof reason fortermination. Notice toEmployee asto Change inRelationshipIf less than 20employees: MaineContinuationCoverageIf less than 20employees: MarylandContinuationCoverageUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationMassachusettsOn the day of dischargeMichigannext regular paydayFinal Paycheck DueVoluntaryResignation/RetirementThe following regular pay dayor (if there is not a regularpayday) the followingSaturday.next regular paydayMust vacation paybe included?Yes, all unused, accruedvacation must be paid whenemployment endsNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soPenalties for Failure toComply?Yes, employers who fail tomake payments as requiredmay be: Subject to fines up to 50,000. Imprisonment up to twoyears. Both fines andimprisonment. Liable to an employee in acivil action for trebledamages.Yes, an employee whobelieves his employerviolated the wage paymentlaws may file a writtencomplaint with the Wage andHour Division and anemployer that violates theWFBA can be held liable for: The amount of wageswithheld. Fringe benefits due to theemployee. A 10% penalty on withheldwages and fringe benefits. Attorneys' fees and hearingand transcript costs. A civil penalty of up to 1,000.Requiredstate forms?Report statuschangeStateUnemploymentInsuranceBrochureIf less than 20employees: MA MiniCOBRACoveragenoneIn addition, if the violation isflagrant or repeated, theemployer is liable forexemplary damages of up totwice the amount of wages orbenefits due10Updated 6/20/2019 2015 ePlace Solutions, Inc.

StateMinnesotaMississippi11Final Paycheck DueInvoluntary Terminationimmediately or within 24hours upon employee'sdemand for additionalpayments or commissions.Final Paycheck DueVoluntaryResignation/Retirementnext regular payday, exceptwhere a collective bargainingagreement providesotherwise.2) the next scheduledpayday is in less than 5calendar days, then theemployer may have untilthe 2nd payday as long asit is not more than 20calendar days after the lastday of employment.3) Migrant & transitoryworkers have other rules.Mississippi does not have a law addressing payment of wagesupon termination of employment. It is recommended that finalwages be paid by the next regular payday.Must vacation paybe included?No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soPenalties for Failure toComply?Requiredstate forms?Yes, employers also canincur a penalty of one day'saverage earnings, up to amaximum of 15 days, plusattorneys' fees, if they fail topromptly pay wages: Within 24 hours of demandby an involuntarilyterminated employee Timely after demand by anemployee who voluntarilyresignedUpon requestwithin 15 daysof involuntarytermination,must providewritten reason: Notice toEmployee asto Change inRelationship.However, if the employerdisputes the amounts ofwages or commissionsclaimed by the employee, andthe employer makes a legaltender of the amount that theemployer in good faith claimsto be due, the employer is notliable for penalties unless theemployee recovers a greatersum than the amounttendered in an action broughtin court.Yes, any employer thatviolates the wage paymentlaw is guilty of amisdemeanor and liable forfines of between 25 and 250 for each offense. Eachday's violation constitutes aseparate offense.If less than 20employees:MinnesotaContinuationCoverageIf less than 20employees: MississippiContinuationCoverageUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationMissouriimmediatelyFinal Paycheck DueVoluntaryResignation/Retirementnext regular paydayMust vacation paybe included?No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soPenalties for Failure toComply?Yes, employers must pay apenalty if they do not payterminated employees whohave made a written requestto have wages sent to adifferent station or officewithin seven days.The penalty amount is wagesdue to former employeesstarting from the terminationdate up to 60 days aftertermination.MontanaNebraskawithin 4 hours or by the endof the business day(whichever occurs first)unless the employer has awritten policy to delay thepayment (no longer than thenext payday or within 15 daysof dismissal, whicheveroccurs first)next regular payday or within2 weeks of termination,whichever is earliernext regular payday or within15 days of separation,whichever occurs firstYes, all unused, accruedvacation must be paid whenemployment endsnext regular payday or within2 weeks of termination,whichever is earlierYes, all unused, accruedvacation must be paid whenemployment endsYes, an employer that fails topay wages owed to anemployee when due is guiltyof a misdemeanor and maybe assessed a penaltypayable to the employee inan amount up to 110% of thewages due and unpaid inaddition to the unpaid wagesYes, employers violating thewage payment laws may beliable for: Unpaid wages. Court costs and attorneys'fees of not less than 25% ofall the unpaid wages. Additional fees forappealed cases.Additional damages may alsobe recovered from theemployer for a willful violationof the law12Requiredstate forms?For individualemployed 90 days, yes,upon writtenrequest within1 year oftermination. Notice toEmployee asto Change inRelationshipIf less than 20employees: MissouriContinuationCoverageUpon RequestStatement ofReasonsDismissalletter uponrequest onlyfor employeesof a publicservicecorporations ora contractor ofthe state.If less than 20employees: NebraskaContinuationCoverageUpdated 6/20/2019 2015 ePlace Solutions, Inc.

13StateFinal Paycheck DueInvoluntary TerminationNevadaimmediatelyFinal Paycheck DueVoluntaryResignation/Retirementnext payday or 7 days afterresignationMust vacation paybe included?No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soNewHampshire72 hours72 hours (if employee gave atleast 1 pay period's notice) ornext regularpayday (if no notice)Yes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employer has a policy oragreement that statesotherwiseNew Jerseynext regular paydaynext regular paydayNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soPenalties for Failure toComply?Requiredstate forms?Yes, if an employer fails topay final wages to anemployee who voluntarilyresigns or is involuntarilyterminated, a penalty accruesin the amount of theemployee's wages whichwould have been earnedduring the lesser of: The period from the date oftermination or resignationuntil the wages are paid. 30 days.StateUnemploymentNoticeIn addition, employees have astatutory lien for wages untilthey are paidYes, employers that violatethe wage payment laws byfailing to pay employeeswithin the required timeframemay face: Criminal misdemeanorcharges. A wage claim by theemployee where theemployee can recover Liquidated damages. Attorneys' fees.Yes, an employer whoknowingly and willfully fails topay wages owed to anemployee in the prescribedtime may be: Guilty of a disorderlyperson offense. Subject too A 100 to 1,000 fine orimprisonment of 10 to 90days, or both, for the firstviolation.Letter ofSeparationUpon RequestIf less than 20employees, NevadaContinuationCoverageIf less than 20employees: NewHampshireContinuationCoverageInstruction forClaimingUnemploymentBenefits (BC6)If less than 20employees: New JerseyContinuationCoverageUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationFinal Paycheck DueVoluntaryResignation/RetirementMust vacation paybe included?New JerseycontinuedNew MexicoNew York145 days (for fixed pay) 10 days(commission, variable, orother pay)next regular paydaynext paydaynext regular paydayNo, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soNo, employers are notrequired to payout unusedaccrued vacation ontermination PROVIDEDTHAT the employer hasnotified the employee inwriting (or through a postednotice) that it does not payoutvacation at termination.Penalties for Failure toComply?o A 500 to 1,000 fine orimprisonment of 10 to100 days, or both, forsubsequent violations. Assessed administrativepenalties up to:o 250 for the first violation;o 500 for eachsubsequent violation.Yes, if an employer fails topay wages or compensationwithin the proper time limits,the employee's wages andcompensation will continuefrom the date of dischargeuntil paid at the same rate theemployee received at thetime of discharge.However, wages do notcontinue to accrue after the60th day following thedischargeYes, an employer who fails topay wages or compensationwithin the proper time limits issubject to criminal penaltiesand fines as follows: First offense -- guilty of amisdemeanor and uponconviction shall be eitherfined between 500 and 20,000 or imprisoned forno more than one year Second (or more) offensewithin 6 years -- guilty of afelony and upon convictionshall either be fined 500and 20,000 or imprisonedfor no more than one yearand one day, or bothRequiredstate forms?If less than 20employees: New MexicoContinuationCoverageRecord ofEmployment(IA 12.3)Notice citingthe datebenefits cease: Notice toEmployee asto Change inRelationshipIf less than 20employees: Notice forNew YorkContinuationCoverageUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationFinal Paycheck DueVoluntaryResignation/RetirementMust vacation paybe included?New YorkcontinuedNorth CarolinaNorth DakotaOhio15next regular paydaynext regular paydaynext regular paydaynext regular paydaynext regular payday or within15 days; whichever is firstnext regular payday or within15 days; whichever is firstNo, employers are notrequired to payout unusedaccrued vacation ontermination PROVIDEDTHAT the employer hasnotified the employee inwriting (or through a postednotice) that it does not payoutvacation at terminationYes, all unused, accruedvacation must be paid whenemployment ends UNLESSthe employee voluntarilyresigns AND(1) the employer notified theemployee that accruedvacation would not be paidupon voluntary termination;AND(2) the employee has beenemployed for less than oneyear; AND(3) the employee gave theemployer less than 5 dayswritten or verbal notice ofhis/her resignationNo, employers are notrequired to payout unusedaccrued vacation ontermination PROVIDEDTHAT the employer hasnotified the employee inPenalties for Failure toComply?Requiredstate forms?In addition, the New YorkState Department of Labormay impose a penalty up to 3,000 for each frequency ofpay violation regarding eachseparate worker on eachseparate paydayYes, employers who fail topay wages when due areliable for: All unpaid wages. Interest. Liquidated damages equalto unpaid wages.If less than 20employees: Notice forNorthCarolinaContinuationCoverageYes, employers who fail to paywages when due are liable for: Interest on unpaid wagesfrom the date wages are dueuntil payment is made in full. An amount equal to:o double the employee'sunpaid wages if theemployer was liable for twoprevious wage claims in theyear before the date thewages are due; oro three times the employee'sunpaid wages if theemployer was liable forthree or more previouswage claims in the yearbefore the date the wagesare due.Yes, employers are liable, asliquidated damages, for 6% ofthe amount of a claim stillunpaid or 200, whichever isgreater, if wages remainunpaid forIf less than 20employees: Notice forNorthDakotaContinuationCoverageIf less than 20employees: Notice forOhioContinuationCoverageUpdated 6/20/2019 2015 ePlace Solutions, Inc.

StateFinal Paycheck DueInvoluntary TerminationFinal Paycheck ahomanext regular paydayOregonend of next business daynext regular paydayimmediately if 48 hours’notice is given, otherwise 5days or next payday,whichever is firstMust vacation paybe included?Penalties for Failure toComply?writing (or through a postednotice) that it does not payoutvacation at termination 30 days beyond theregularly scheduled payday. 60 days past the filing of aclaim where there is noapplicable regularlyscheduled payday. 60 days past the date ofagreement, award, or otheract making wages payable.No, employers are notrequired to payout unusedaccrued vacation ontermination UNLESS theyhave a policy, agreement oran established practice ofdoing soNo, employers are notrequired to payout unusedaccrued vacation ontermination PROVIDEDTHAT the employer hasnotified the employee inwriting (or through a postednotice) that it does not payoutvacation at terminationViolations are considered afirst-degree misdemeanorYes, if payment followingtermination is not timelymade, the employer is liableto the employee, in additi

employee: If employee quits without notice, 72 consecutive hours (including weekends); If employee gives less than 72 hours advance notice, 72 hours from the time the employee gave notice; If employee gave more than 72 hours advance notice, last day of work. Yes, all unused, accrued vacation must be paid when employment ends.