Nanny Fired: When are last wage payments due?

Whether the nanny is fired (involuntary separation, termination or discharge) or resigns (quits) voluntarily, state rules define how quickly the employer must give the final paycheck. Below is a state by state summary of separation payment rules as they apply to household employees.*
May 2019

You MAY NOT withhold the final paycheck pending the return of items such as house keys, garage door openers, or car seats. The household employee must be paid for all work done. However, you CAN withhold severance IF you and your employee had a written work agreement AND you had a clause where nanny agreed to return these items before receipt of severance pay.

STATE	PAYMENT ON DISCHARGE	PAYMENT ON RESIGNATION
AL
AK	within 3 working days	next regular pay day
AZ	within 7 working days or next pay day, which ever first.	next regular pay day
AR	next regular pay day	next regular pay day
CA	immediately	72 hours if employee quits; at time employment ends if 72 hours or more advanced notice
CO	immediately or next regular business day if immediate payment is impossible	next regular pay day
CT	next regular business day	next regular pay day
DE	next regular pay day	next regular pay day
DC	next regular business day	next regular pay day or 7 days, whichever is sooner
FL
GA
HI	immediately or next regular business day if immediate payment is impossible	next regular pay day
ID	48 hours upon employee written demand, or next regular pay day, not greater than 10 days	next regular pay day, not greater than 10 days or 48 hours upon employee written demand
IL	next regular pay day	next regular pay day
IN	next regular pay day	next regular pay day
IA	next regular pay day	next regular pay day
KS	next regular pay day	next regular pay day
KY	next regular pay day or within 14 days, whichever is later	next regular pay day or within 14 days, whichever is later
LA	next regular pay day, not to exceed 15 days	next regular pay day, not to exceed 15 days
ME	next regular pay day, not to exceed 14 days	next regular pay day, not to exceed 14 days
MD	next regular pay day	next regular pay day
MA	immediately	next regular pay day
MI	next regular pay day	next regular pay day
MN	immediately	next regular pay day
MS
MO	immediately or within 7 days if employee requested direct deposit
MT	immediately or  next regular pay day if employer has written policy, not to exceed 15 days	next regular pay day, not to exceed 15 days
NE	next regular pay day, not to exceed 14 days	next regular pay day, not to exceed 14 days
NV	immediately	next regular pay day, not to exceed 7 days
NH	within 72 hours, or for layoff/lack of work next regular pay day	next regular pay day
NJ	next regular pay day	next regular pay day
NM	within 5 days	next regular pay day
NY	next regular pay day	next regular pay day
NC	next regular pay day	next regular pay day
ND	next regular pay day, not to exceed 15 days	next regular pay day
OH		no later than 1st day of month for wages earned first half of prior month; no later than 15th day of the month for wages earned in the second half of the prior month
OK	next regular pay day	next regular pay day
OR	no later than end of the first business day after termination	next regular pay day or within 5 days, whichever is earlier
PA	next regular pay day	next regular pay day
PR	next regular pay day	next regular pay day
RI	next regular pay day	next regular pay day
SC	within 48 hours on demand or next regular pay day, not to exceed 30 days
SD	no later than next regular pay day OR as soon as employees return all employer property	no later than next regular pay day OR as soon as employees return all employer property
TN	within 21 days or next regular pay day, whichever occurs last	within 21 days or next regular pay day, whichever occurs last
TX	within 6 days	next regular pay day
UT	within 24 hours	next regular pay day
VT	within 72 hours	next regular pay day
VA	next regular pay day	next regular pay day
WA	next regular pay day	next regular pay day
WV	next regular pay day	next regular pay day
WI	next regular pay day or within 30 days, whichever is earlier	next regular pay day
WY	within 5 working days	within 5 working days

 

* There are additional rules for commission and piece rate or task rate compensated employees and employees covered by a collective bargaining agreement. This list applies to household workers, who are legally non-exempt, hourly employees.

 

Other helpful information:

» Transitions: Firing the Nanny

» Blog: Attorney Bob King discusses return of family property.