Most trades shops pay biweekly because the payroll provider defaults to it. In New York, that’s illegal for every tech, installer and helper on the payroll: manual workers must be paid weekly, within seven days, and since 2019 employees have been suing for the “late” half of every biweekly check. Connecticut, Rhode Island and Vermont also require weekly pay unless you’ve filed for permission or given notice; Massachusetts and New Hampshire allow biweekly but not semimonthly for hourly staff. Twenty-seven states require at least semimonthly pay, which rules out the monthly schedule some owner-operators prefer for their first hire. And nearly every state caps how long after the period ends the check can arrive, from six days in Massachusetts and Vermont to 19 in West Virginia.
This guide gives every state’s required pay frequency, the maximum lag, the pay-statement and payday-notice rules that ride along with it, and the penalty for getting it wrong. Statutes current as of October 2026.
Quick answer: Six states require weekly or biweekly pay for hourly workers: New York (weekly for manual workers, no exception for small employers), Connecticut and Rhode Island (weekly unless the state approves less often), Vermont (weekly unless you give written notice of biweekly), New Hampshire and Massachusetts (weekly or biweekly). 27 states require at least semimonthly pay (Arizona, Maine and New Mexico within 16 days; West Virginia biweekly within 19). Eleven require only monthly. Five let the employer set any regular payday, and Alabama and Florida have no statute. Most states also cap the lag after the pay period at 6 to 15 days and require an itemized pay statement.
On this page
Frequency, Lag and Notice: The Three Rules
Federal law has no payday rule beyond “pay on the regular payday.” State payday laws have three parts, and a payroll schedule has to satisfy all of them:
- Frequency: how often. Weekly (NY manual workers, CT, RI, VT), weekly or biweekly (MA, NH), semimonthly (27 states, sometimes with a 16-day maximum gap), monthly (11 states), or employer’s choice (5 states). Paying more often than required is always allowed; the only trap is paying less often. A state that says “semimonthly” accepts biweekly (26 paydays beats 24), but a state that says “weekly” does not accept biweekly.
- Lag: how soon after the period closes. California, Nevada, New Mexico, Michigan, Ohio and Tennessee set calendar dates (work from the 1st to the 15th paid by a fixed day); most others set a number of days (6 in Massachusetts and Vermont, 7 in New York, 8 in Connecticut, 10 in Colorado and Washington, 15 in Idaho and Kansas). A biweekly schedule that pays the Friday after the period closes is fine everywhere; one that pays two Fridays later breaks the 6-, 7- and 8-day states.
- Notice and statements: about 20 states require a written notice of pay rate, payday and deductions at hire (California, New York, Minnesota, Maryland, North Carolina, South Carolina, New Hampshire, Nebraska, West Virginia, Pennsylvania among them) and most require an itemized pay statement each payday. Changing the payday usually needs advance written notice (30 days in Nebraska, 7 in South Carolina, 60 for Texas direct-deposit mandates).
The Six Weekly/Biweekly States
| State | Required frequency | Lag after period | Penalty |
|---|---|---|---|
| New York | Weekly for manual workers (techs, installers, helpers); semimonthly for clerical | 7 days after week’s end | 100% liquidated damages (interest only on a first violation if paid semimonthly) |
| Connecticut | Weekly; biweekly or less with Labor Commissioner approval | 8 days | Up to $300 per violation; double damages on wages |
| Rhode Island | Weekly; biweekly/semimonthly by petition with bond | 9 days | Up to double damages |
| Vermont | Weekly; biweekly or semimonthly with written notice to employees | 6 days | Up to $5,000 per violation |
| New Hampshire | Weekly or biweekly; less often only with DOL permission | 8 days (15 biweekly) | Up to $2,500 per violation |
| Massachusetts | Weekly or biweekly for hourly; salaried may agree to semimonthly/monthly | 6–7 days | Mandatory treble damages |
Every State by Required Frequency
| Rule | States |
|---|---|
| Semimonthly, all employers | Arizona (16 days), California, DC, Georgia, Hawaii, Illinois, Indiana (or biweekly), Kentucky, Maine (16 days), Maryland (or biweekly), Michigan, Missouri, Nevada, New Jersey, New Mexico (16 days), Ohio, Oklahoma, Tennessee (5+ employees), Texas (non-exempt), Utah, Virginia (hourly; or biweekly), West Virginia (biweekly, 19 days), Arkansas (corporations) |
| Semimonthly, covered industries only | Louisiana (manufacturing, mining, oil, utilities, 10+), Mississippi (manufacturers 50+, utilities), Wyoming (mines, refineries, mills, workshops) |
| Employee’s election | Alaska (monthly, or semimonthly if the employee elects) |
| Monthly | Colorado (30 days), Delaware, Idaho, Iowa, Kansas, Minnesota (31 days), North Dakota, Oregon (35 days), South Dakota, Washington, Wisconsin (31 days) |
| Regular payday, employer-set, no minimum | Nebraska, North Carolina, Pennsylvania (semimonthly default), South Carolina (written notice), Montana (semimonthly presumed) |
| No statute | Alabama, Florida |
Maximum Lag After the Pay Period
The number that actually breaks payroll schedules. A standard biweekly cycle that closes Sunday and pays the following Friday has a 5-day lag and works everywhere. Closing Sunday and paying the second Friday (12 days) violates the rule in Massachusetts, Vermont, New York, Delaware, Hawaii, Connecticut, Maine, New Hampshire, Rhode Island, Colorado, Indiana, Montana, New Jersey, Utah, Washington, DC and Oklahoma.
| State | Maximum lag between period end and payday |
|---|---|
| California | Semimonthly: 1st–15th paid by the 26th; 16th–end by the 10th. Weekly/biweekly: 7 days. |
| Nevada | 1st–15th by the 23rd; 16th–end by the 8th of the next month (or equivalent). |
| New Mexico | 1st–15th by the 25th; 16th–end by the 10th. |
| Michigan | 1st–15th by the 1st of the next month; 16th–end by the 15th. Weekly/biweekly: 14 days. |
| Ohio | First half by the 1st of the next month; second half by the 15th. |
| Tennessee | 1st–15th by the 5th of the next month; 16th–end by the 20th. |
| Massachusetts | 6 days (5- or 6-day week); 7 days (7-day week). |
| Vermont | 6 days. |
| New York (manual) | 7 days after the end of the week. |
| Delaware, Hawaii, Illinois (weekly) | 7 days. |
| Connecticut, Maine, New Hampshire | 8 days. |
| Rhode Island | 9 days. |
| Colorado, Indiana, Mississippi, Montana, New Jersey, Utah, Washington, DC | 10 days (business days in IN, MT and DC). |
| Oklahoma | 11 days. |
| Iowa | 12 days. |
| Illinois (semimonthly/biweekly) | 13 days. |
| Idaho, Kansas, Louisiana, North Dakota, Pennsylvania (default) | 15 days. |
| Missouri | 16 days. |
| Kentucky | 18 days. |
| West Virginia | 19 days. |
New York’s Manual-Worker Rule, Explained
Labor Law § 191(1)(a) requires a “manual worker” to be paid weekly and not later than seven calendar days after the end of the week in which the wages were earned. The Department of Labor defines manual worker as anyone who spends more than 25% of working time on physical labor, which includes every field technician, installer, apprentice, warehouse worker and most drivers, regardless of pay rate. Only employers with an average of 1,000 or more employees in New York can apply for authorization to pay manual workers semimonthly, so for a trades shop there is no exemption.
For decades the only remedy was a Department of Labor penalty. Then the Appellate Division held in Vega v. CM & Associates (1st Dept., 2019) that an employee paid biweekly could sue under § 198 for liquidated damages equal to the half of each check that was paid a week late, even though the employee was eventually paid in full. Class actions against retailers, hospitals and contractors followed, with exposure of 50% of a crew’s gross pay going back six years. A different appellate department disagreed in Grant v. Global Aircraft Dispatch (2nd Dept., 2024), and the Legislature settled it in the May 2025 budget: for a first violation by an employer that paid at least semimonthly on a regular schedule, damages are limited to lost interest; for a second violation, full liquidated damages return. The rule itself didn’t change. A New York shop paying techs biweekly should switch to weekly for every manual worker; the payroll cost is minor and the exposure isn’t.
Recent Changes
What’s new: New York’s May 2025 amendment to Labor Law § 198 limited first-violation damages for pay-frequency claims (above). Maryland’s Pay Stub and Pay Statement law (October 2024) added itemization and hire-notice requirements. Illinois’ 2025 Wage Payment and Collection Act amendments require giving employees copies of pay stubs on request for three years. Minnesota’s wage theft law (2019, expanded 2024) requires detailed hire notices and earnings statements with penalties up to $1,000 per violation. New Hampshire allowed biweekly pay without permission in 2017; Wyoming’s 2017 amendments narrowed its semimonthly rule to listed industries. Texas confirmed mandatory direct deposit with 60 days’ notice. No state tightened its frequency rule in 2025 or 2026.
State-by-State Breakdown
Red chips mark states requiring weekly or biweekly pay for hourly workers; amber marks states requiring at least semimonthly pay (or semimonthly for listed industries); grey marks monthly, employer-set or no-statute states. Each block gives the frequency, the lag, any statement or direct-deposit rule, the penalty and a link to the statute or agency page.
Jump to your state
Alabama No Set Frequency
Required frequency: None. Alabama has no payday statute; set a regular schedule in writing and keep it.
How soon after the period: No state rule.
Penalty: Breach of contract or FLSA claim only.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Alaska Monthly or Semimonthly (Employee Elects)
Statute / Agency: AS 23.05.140
Required frequency: Monthly, or semimonthly if the employee elects it in writing; once elected, semimonthly is mandatory.
How soon after the period: Within 3 working days of the regular payday for the period, in practice at the established date.
Penalty: Unpaid wages and, for late final pay, up to 90 days of wages (see final paycheck rules).
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Arizona Semimonthly (16 Days Apart)
Statute / Agency: A.R.S. § 23-351
Required frequency: At least two paydays a month, no more than 16 days apart. Employers with principal place of business outside Arizona (and whose payroll system is centralized out of state) may pay exempt employees monthly.
How soon after the period: Within 5 business days after the end of the pay period; 10 days if payroll is processed out of state. Overtime and exception pay may be paid within 16 days.
Direct deposit and pay cards are allowed with the employee’s consent, or without it if the employer offers a paper check option under A.R.S. § 23-351(D).
Penalty: Treble damages (§ 23-355) for bad-faith withholding; Industrial Commission handles claims up to $5,000.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Arkansas Semimonthly (Corporations)
Statute / Agency: Ark. Code § 11-4-401
Required frequency: Semimonthly for corporations doing business in the state (which covers most LLCs and incorporated shops); sole proprietors and partnerships are not bound by the statute.
How soon after the period: At the regular semimonthly payday; the statute doesn’t set a lag.
Penalty: Double wages for nonpayment after demand (§ 11-4-405); Department of Labor and Licensing enforces.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
California Semimonthly, Strict Lag Rules
Statute / Agency: Cal. Labor Code § 204, 204b, 207, 210
Required frequency: At least twice a month on regular paydays designated in advance and posted (§ 207). Exempt executive, administrative and professional employees may be paid monthly by the 26th for the whole month. Weekly and biweekly schedules are fine if the lag rule is met.
How soon after the period: Semimonthly: wages for the 1st through 15th are due by the 26th; 16th through month-end by the 10th of the next month. Weekly or biweekly: within 7 days after the period ends. Overtime may be paid by the next regular payday after it’s earned.
Trades note: California also requires the itemized wage statement (§ 226) with every payment, listing hours, rates, gross and net, and the pay period; a defective stub is $50 for the first pay period and $100 for each after, per employee, up to $4,000, and a staple of PAGA claims. See California employment laws for trade employers.
Penalty: Late regular payday: $100 for an initial violation and $200 plus 25% of the amount withheld for each subsequent or willful one (§ 210), recoverable by the employee since 2020.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Colorado Monthly (30 Days)
Statute / Agency: C.R.S. § 8-4-103
Required frequency: At least monthly, or every 30 days, whichever is longer, on regular paydays no more than 10 days after the period ends. Most employers pay biweekly by choice.
How soon after the period: Within 10 days after the close of the pay period.
Pay statements must show gross wages, deductions, net, hours worked (non-exempt), rates, and the employer’s name and address; the employee may get them electronically but can request paper.
Penalty: Wage-claim penalties under § 8-4-109 (2x or $1,000, 3x if willful) apply to wages unpaid after a written demand.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Connecticut Weekly (Biweekly With Approval)
Statute / Agency: Conn. Gen. Stat. § 31-71b
Required frequency: Weekly, on a regular payday designated in advance. Employers may pay biweekly or less often only with the Labor Commissioner’s written approval, which is routinely granted on application (and many Connecticut payroll providers file it for you), but it must be on file.
How soon after the period: Within 8 days after the end of the pay period.
Direct deposit requires the employee’s written consent; pay cards are allowed under the 2016 payroll card law with notice and a free withdrawal option.
Penalty: Civil penalties up to $300 per violation for an unapproved schedule; unpaid wages carry double damages under § 31-72.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Delaware Monthly
Statute / Agency: 19 Del. C. § 1102
Required frequency: At least monthly, on a regular payday designated in advance.
How soon after the period: Within 7 days after the end of the pay period (or by the next business day if the payday falls on a weekend or holiday).
Penalty: Liquidated damages of 10% per day up to the amount of the wages under § 1103.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
District of Columbia Semimonthly
Statute / Agency: D.C. Code § 32-1302
Required frequency: At least twice a month on regular paydays designated in advance; exempt executive, administrative and professional employees may be paid monthly.
How soon after the period: Within 10 working days after the end of the pay period (or a shorter time set by contract).
Penalty: Liquidated damages up to treble the wages under the Wage Theft Prevention Act, plus fees.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Florida No Set Frequency
Required frequency: None for private employers. Florida has no payday statute; establish a regular schedule and keep it.
How soon after the period: No state rule.
Penalty: Breach of contract or FLSA claim; attorney fees to prevailing employees under § 448.08.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Georgia Semimonthly
Statute / Agency: O.C.G.A. § 34-7-2
Required frequency: At least twice a month, dividing the month into at least two equal periods, for all employers except farming, sawmill and turpentine operations. Officials, superintendents and other heads or subheads of departments may be paid monthly or annually.
How soon after the period: At the regular payday; the statute sets no lag.
Penalty: No specific penalty in the statute; the Department of Labor refers wage claims to the courts.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Hawaii Semimonthly
Statute / Agency: HRS § 388-2
Required frequency: At least twice a month, on regular paydays designated in advance. Employees may elect monthly pay in writing, and the Director may grant exceptions.
How soon after the period: Within 7 days after the end of the pay period (15 days with the Director’s approval).
Penalty: Fines of $100 to $2,000 per violation; unpaid wages with interest and fees.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Idaho Monthly
Statute / Agency: Idaho Code § 45-608
Required frequency: At least monthly, on regular paydays designated in advance.
How soon after the period: Within 15 days after the end of the pay period.
Penalty: Treble damages under § 45-615 for wages found due.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Illinois Semimonthly (13-Day Lag)
Statute / Agency: 820 ILCS 115/3, 115/4
Required frequency: At least semimonthly for most employees; exempt executive, administrative and professional employees may be paid monthly. Employers may pay weekly or biweekly.
How soon after the period: Semimonthly or biweekly: within 13 days after the end of the pay period. Weekly: within 7 days. Monthly (exempt): within 21 days.
Pay stubs must itemize hours, rate, gross, deductions and net; the 2025 Wage Payment and Collection Act amendments require giving employees copies of their stubs on request for up to three years.
Penalty: Statutory damages of 5% per month of the late amount plus fees, and a $250 administrative fee per claim.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Indiana Semimonthly or Biweekly
Statute / Agency: Ind. Code § 22-2-5-1
Required frequency: At least semimonthly or biweekly, at the employee’s request a specific schedule within those limits; employers may pay more often.
How soon after the period: Within 10 business days after the end of the pay period.
Penalty: Liquidated damages of 10% per day up to double the wages (bad faith only, since 2015), plus fees.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Iowa Monthly (12-Day Lag)
Statute / Agency: Iowa Code § 91A.3
Required frequency: At least monthly, on regular paydays at consistent intervals; any predictable schedule qualifies. Commissioned employees may agree to different terms in writing.
How soon after the period: Within 12 days after the end of the pay period (excluding Sundays and holidays).
Penalty: Liquidated damages of 5% per day up to the wages, plus fees, for intentional nonpayment.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Kansas Monthly
Statute / Agency: K.S.A. § 44-314
Required frequency: At least monthly, on regular paydays designated in advance.
How soon after the period: Within 15 days after the end of the pay period.
Kansas is one of the few states that lets an employer require direct deposit or a pay card (with a paper-check option available on request).
Penalty: 1% per day up to 100% of the wages for willful nonpayment.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Kentucky Semimonthly
Statute / Agency: KRS § 337.020
Required frequency: At least semimonthly, on regular paydays.
How soon after the period: Within 18 days after the end of the pay period.
Penalty: Liquidated damages equal to the unpaid wages plus fees (KRS 337.385); civil penalties of $100 to $1,000 per violation.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Louisiana Semimonthly (Covered Industries)
Statute / Agency: La. R.S. 23:633
Required frequency: Semimonthly or biweekly for manufacturing, mining, oil boring and public service corporations with 10 or more employees. Other private employers, including most trades shops, set their own regular schedule.
How soon after the period: Within 15 days after the end of the pay period for covered employers.
Penalty: Penalty wages up to 90 days for late final pay (R.S. 23:632); regular-payday violations are misdemeanors.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Maine Every 16 Days
Statute / Agency: 26 M.R.S. § 621-A
Required frequency: At regular intervals not exceeding 16 days, on a payday designated in advance (effectively semimonthly or more often).
How soon after the period: Within 8 days after the end of the pay period.
Maine requires an itemized statement with each payment showing dates, hours, rate, gross, deductions and net.
Penalty: Unpaid wages plus an equal amount as liquidated damages, interest and fees (§ 626-A); civil forfeiture of $100 to $500 per violation.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Maryland Semimonthly or Biweekly
Statute / Agency: Md. Lab. & Empl. § 3-502
Required frequency: At least semimonthly or biweekly, on regular paydays set in advance; exempt executive, administrative and professional employees may be paid less often.
How soon after the period: At the regular payday; Maryland sets no numeric lag but requires the schedule be “regular”.
Pay statements must show the pay period, hours (non-exempt), rates, gross, deductions and net under the 2024 Pay Stub and Pay Statement law; a written notice of rate, payday and leave must be given at hire.
Penalty: Up to treble damages and fees (§ 3-507.2) for wages unpaid two weeks after the payday without a bona fide dispute.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Massachusetts Weekly or Biweekly (Hourly)
Statute / Agency: M.G.L. c. 149, § 148
Required frequency: Weekly or biweekly for hourly employees. Salaried employees may be paid semimonthly, or monthly if they agree in writing.
How soon after the period: Within 6 days after the end of the pay period for a 5- or 6-day workweek; within 7 days for a 7-day week.
Employers may require direct deposit as long as the employee chooses the bank; pay cards need consent and a fee-free option.
Penalty: Mandatory treble damages plus fees for any late wages under c. 149 § 150; fines of $300 to $600 per violation under § 148.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Michigan Semimonthly (Occupation-Based)
Statute / Agency: MCL § 408.472
Required frequency: At least semimonthly: wages earned the 1st through 15th by the 1st of the next month, and the 16th through month-end by the 15th. Monthly pay is allowed if the employer pays by the 1st of the following month for the whole month. Weekly and biweekly schedules must pay within 14 days of the period’s end.
How soon after the period: Semimonthly: about 15 days (as above). Weekly/biweekly: within 14 days.
Penalty: Civil penalty of $1,000 and exemplary damages up to twice the wages for flagrant violations (§ 408.488).
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Minnesota Every 31 Days
Statute / Agency: Minn. Stat. § 181.101
Required frequency: At least once every 31 days on a regular payday; commissions earned by a salesperson at least every three months. New employees must be paid within 31 days of starting.
How soon after the period: Within the 31-day cycle; the first payday for a new hire must fall within 31 days of the first day worked.
Minnesota’s 2019 wage theft law requires a written notice at hire listing the pay rate, pay period and payday, and an earnings statement each payday; penalties up to $1,000 per violation plus criminal exposure for wage theft.
Penalty: Unpaid wages with up to 15 days of average daily earnings as a penalty after demand; Department civil penalties.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Mississippi Semimonthly (Covered Industries)
Statute / Agency: Miss. Code § 71-1-35
Required frequency: Every two weeks or twice a month for manufacturers with 50 or more employees and public service corporations. Other employers, including trades shops, set their own schedule.
How soon after the period: Within 10 days after the end of the pay period for covered employers.
Penalty: No state wage-and-hour agency; claims go to court.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Missouri Semimonthly
Statute / Agency: RSMo § 290.080
Required frequency: At least semimonthly for corporations; exempt executive, administrative and professional employees may be paid monthly.
How soon after the period: Within 16 days after the end of the pay period.
Penalty: Continuing wages up to 60 days for late final pay; regular-payday violations are misdemeanors under § 290.080.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Montana Presumed Semimonthly If None Set
Statute / Agency: MCA § 39-3-204
Required frequency: Employers set the pay period; if none is established, it’s presumed semimonthly.
How soon after the period: Within 10 business days after the end of the pay period.
Penalty: Up to 110% of the unpaid wages as a penalty (§ 39-3-206).
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Nebraska Employer-Designated Regular Payday
Statute / Agency: Neb. Rev. Stat. § 48-1230
Required frequency: On regular paydays designated by the employer; no minimum frequency. Changes require 30 days’ written notice.
How soon after the period: By the designated payday.
Employees must get a written or electronic statement each payday showing hours, wages, deductions and the pay period (§ 48-1230(2)).
Penalty: Double the wages (if willful) plus fees under § 48-1232.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Nevada Semimonthly
Statute / Agency: NRS 608.060, 608.070
Required frequency: At least semimonthly: wages earned before the 1st of the month are due by the 8th, and wages earned before the 16th by the 23rd (or an equivalent schedule). Exempt employees may be paid monthly.
How soon after the period: About 7 to 8 days after each half-month under the statutory schedule.
Nevada requires a written itemized statement each payday and a posted notice of paydays; direct deposit and pay cards need consent.
Penalty: Administrative penalties up to $5,000 per violation (NRS 608.195); wages continue up to 30 days for late final pay.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
New Hampshire Weekly or Biweekly
Statute / Agency: RSA 275:43
Required frequency: Weekly or biweekly (biweekly has been allowed without permission since 2017). Semimonthly or monthly only with the Department of Labor’s written permission.
How soon after the period: Within 8 days after the end of the pay period (15 days for biweekly).
Direct deposit and pay cards need written consent; a written notice of rate and payday is required at hire (RSA 275:49).
Penalty: Civil penalties up to $2,500 per violation (RSA 273:11-a); unpaid wages with liquidated damages.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
New Jersey Semimonthly
Statute / Agency: N.J.S.A. 34:11-4.2
Required frequency: At least twice a month on regular paydays designated in advance; executive and supervisory employees may be paid monthly.
How soon after the period: Within 10 days after the end of the pay period.
Pay statements must show gross, net, rate, hours and deductions; the 2019 Wage Theft Act requires a notice of rights at hire.
Penalty: Liquidated damages up to 200% of the wages, fees, and criminal exposure for knowing violations; six-year lookback.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
New Mexico Semimonthly (16 Days)
Statute / Agency: NMSA § 50-4-2
Required frequency: At least twice a month, no more than 16 days apart; exempt executive, administrative and professional employees and outside salespeople may be paid monthly.
How soon after the period: Wages for the 1st through 15th by the 25th; 16th through month-end by the 10th of the next month.
Penalty: Wages continue up to 60 days for late pay after demand, plus fees.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
New York Weekly for Manual Workers
Statute / Agency: N.Y. Labor Law § 191, 198
Required frequency: Weekly, within 7 days of the end of the week, for “manual workers”, which the Department of Labor reads to include anyone who spends more than 25% of working time on physical labor: technicians, installers, helpers, warehouse staff. Clerical and other workers at least semimonthly. Employers with 1,000 or more employees may apply for authorization to pay manual workers semimonthly; smaller employers can’t.
How soon after the period: Manual workers: within 7 calendar days after the end of the week. Clerical: by the regular semimonthly payday.
Trades note: This is the most-violated payroll rule in New York. A plumbing or HVAC shop paying its techs biweekly is out of compliance even though the techs are paid in full. After Vega v. CM & Associates (2019) let employees sue for the late half of every biweekly check as liquidated damages, class actions exploded; the May 2025 budget amendment limited damages for a first violation to lost interest when the employer paid at least semimonthly, but a second violation brings full liquidated damages (100% of the late wages). Switch techs to weekly.
Penalty: Liquidated damages of 100% of the late wages plus interest and fees under § 198 (first violations by semimonthly payers: interest only, since 2025); Department civil penalties up to $3,000 per violation.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
North Carolina Regular Payday, Any Frequency
Statute / Agency: N.C.G.S. § 95-25.6
Required frequency: On regular paydays designated by the employer: daily, weekly, biweekly, semimonthly or monthly all qualify. Bonuses and commissions may be paid annually if the policy says so.
How soon after the period: By the designated payday; the employer must notify employees in writing of paydays and any change.
North Carolina requires a written notice of the pay rate and payday at hire and an itemized statement of deductions each payday (§ 95-25.13).
Penalty: Double the unpaid wages plus fees (§ 95-25.22), unless good faith.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
North Dakota Monthly
Statute / Agency: N.D.C.C. § 34-14-02
Required frequency: At least once a month, on regular paydays agreed to or designated in advance.
How soon after the period: Within 15 days after the end of the pay period (subject to agreement).
Penalty: Up to double the wages for willful nonpayment (§ 34-14-09).
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Ohio Semimonthly
Statute / Agency: ORC § 4113.15
Required frequency: At least semimonthly: wages earned in the first half of the month by the 1st of the next month, and in the second half by the 15th. More frequent paydays are allowed if each is within 15 days of the period’s end.
How soon after the period: Within 15 days after the end of the pay period, on the 1st/15th schedule above.
Penalty: Liquidated damages of 6% of the amount or $200 (whichever is greater) when wages are unpaid 30 days past the payday.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Oklahoma Semimonthly
Statute / Agency: 40 O.S. § 165.2
Required frequency: At least twice a month on regular paydays; exempt executive, administrative and professional employees and state employees may be paid monthly.
How soon after the period: Within 11 days after the end of the pay period.
Penalty: Liquidated damages of 2% per day up to the wages for willful nonpayment.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Oregon Every 35 Days
Statute / Agency: ORS 652.120
Required frequency: At least once every 35 days on a regular payday established in advance. Most Oregon employers pay biweekly or semimonthly.
How soon after the period: By the established payday; if the regular payday is more than 35 days after the period starts, it’s a violation.
Oregon requires an itemized statement with each payment (ORS 652.610) showing hours, rates, gross, deductions, net, pay period and the employer’s BOLI-required information; electronic statements need consent.
Penalty: Penalty wages up to 30 days for late final pay; BOLI civil penalties up to $1,000 per violation for payday violations.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Pennsylvania Regular Payday (Employer-Set)
Statute / Agency: 43 P.S. § 260.3
Required frequency: On regular paydays designated in advance; the statute sets no minimum frequency, but if none is designated the default is semimonthly (the 1st through 15th by the end of the month).
How soon after the period: Within 15 days after the end of the pay period unless the employer has designated otherwise in advance.
Pennsylvania requires notice of the payday and rate at hire and an itemized statement of deductions each payday (§ 260.4).
Penalty: Liquidated damages of 25% of the wages or $500 (whichever is greater) plus fees, for wages unpaid 30 days past the payday.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Rhode Island Weekly (Biweekly With Petition)
Statute / Agency: R.I. Gen. Laws § 28-14-2.2
Required frequency: Weekly, on a regular payday. Employers may pay biweekly or semimonthly if they petition the Department of Labor and Training and show average wages above 200% of the minimum wage (or meet other conditions) and post a bond; childcare providers may pay biweekly without a petition. State, municipal and certain other employers are exempt.
How soon after the period: Within 9 days after the end of the pay period.
Direct deposit requires consent; a written statement of hours, deductions and pay period is required each payday.
Penalty: Up to double the wages as liquidated damages under § 28-14-19.2; willful violations are misdemeanors.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
South Carolina Employer-Designated, Written Notice
Statute / Agency: S.C. Code § 41-10-30, 41-10-40
Required frequency: On regular paydays set by the employer; no minimum frequency. Employers with 5 or more employees must give written notice at hire of the wage, normal hours, payday, and deductions, and 7 days’ written notice of any change.
How soon after the period: By the designated payday.
An itemized statement of gross pay and deductions is required each payday for employers with 5 or more employees.
Penalty: Treble damages plus fees (§ 41-10-80) for wages withheld without a bona fide dispute; civil penalties up to $100 per violation for notice failures.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
South Dakota Monthly
Statute / Agency: SDCL § 60-11-9
Required frequency: At least once a month, or on regular paydays designated in advance.
How soon after the period: By the designated payday.
Penalty: Double wages after an unanswered written demand (§ 60-11-7); Department wage claims.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Tennessee Semimonthly (5+ Employees)
Statute / Agency: Tenn. Code § 50-2-103
Required frequency: At least twice a month for private employers with 5 or more employees: wages earned the 1st through 15th by the 5th of the next month, and the 16th through month-end by the 20th. Employers paying more often must pay within those same windows.
How soon after the period: Roughly 20 days after each half-month under the statutory schedule.
Tennessee requires the payday schedule to be posted in at least two conspicuous places (§ 50-2-103(b)).
Penalty: Civil penalties of $500 to $1,000 per violation through the Department of Labor and Workforce Development.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Texas Semimonthly (Non-Exempt)
Statute / Agency: Tex. Labor Code § 61.011, 61.012
Required frequency: At least twice a month for non-exempt employees, with the month divided into periods as nearly equal as possible; FLSA-exempt employees at least monthly. If the employer designates no payday, the 1st and 15th are the paydays by law.
How soon after the period: By the designated payday; the Payday Law lets TWC order payment of wages due and unpaid.
Texas allows mandatory direct deposit with 60 days’ notice (§ 61.016) and mandatory pay cards with notice and a paper-check option; written earnings statements are required each payday (§ 62.003).
Penalty: TWC administrative penalty up to $1,000 per violation plus the wages; bad-faith employers face a penalty equal to the wages or $1,000. See our Texas guide.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Utah Semimonthly (Monthly for Annual Salary)
Statute / Agency: Utah Code § 34-28-3
Required frequency: At least semimonthly on regular paydays designated in advance; employees on a yearly salary may be paid monthly by the 7th of the following month.
How soon after the period: Within 10 days after the end of the pay period (if the payday falls on a weekend or holiday, the preceding business day).
Penalty: Wages continue up to 60 days for late final pay; Labor Commission wage claims up to $10,000.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Vermont Weekly (Biweekly With Notice)
Statute / Agency: 21 V.S.A. § 342
Required frequency: Weekly, unless the employer gives written notice to employees that it will pay biweekly or semimonthly, which then becomes the lawful schedule.
How soon after the period: Within 6 days after the end of the pay period.
Direct deposit requires written consent; pay cards are allowed with a paper-check alternative.
Penalty: Civil penalties up to $5,000 per violation; double damages and fees for willful nonpayment (§ 347).
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Virginia Semimonthly or Biweekly (Hourly)
Statute / Agency: Va. Code § 40.1-29(A)
Required frequency: Semimonthly or biweekly for hourly employees; salaried employees at least monthly. Employees earning more than 150% of the state average weekly wage may agree in writing to monthly pay, and students on break may be paid at the end of their employment.
How soon after the period: By the designated payday; Virginia sets no numeric lag but requires regular intervals.
A written statement each payday showing hours (for non-exempt), rate, gross, deductions and net is required (§ 40.1-29(C)).
Penalty: Civil penalties of $1,000 per violation; employees may sue for wages, 8% interest, treble damages if knowing, and fees.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Washington Monthly (10-Day Lag)
Statute / Agency: RCW 49.48.010; WAC 296-126-023
Required frequency: At least monthly, on regular paydays established in advance. Most employers pay biweekly or semimonthly by choice.
How soon after the period: Within 10 days after the end of the pay period; a pay period may not exceed one month.
Pay statements must show hours (non-exempt), rate, gross, deductions, net and the pay period (WAC 296-126-040); Seattle’s wage theft ordinance adds its own notice rules.
Penalty: Double damages plus fees for willful withholding (RCW 49.52.070); L&I civil penalties.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
West Virginia Biweekly (19 Days)
Statute / Agency: W. Va. Code § 21-5-3
Required frequency: At least once every two weeks, on regular paydays no more than 19 days after the end of the pay period. Monthly pay is allowed only with the Commissioner’s special agreement.
How soon after the period: Within 19 days after the end of the pay period.
West Virginia requires an itemized statement each payday and written notice at hire of the rate, payday and deductions.
Penalty: Liquidated damages of two times the unpaid wages plus fees (§ 21-5-4(e)).
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Wisconsin Monthly (31 Days)
Statute / Agency: Wis. Stat. § 109.03
Required frequency: At least monthly, on regular paydays no more than 31 days apart; exemptions for school-year employees, certain farm and logging workers and unclassified state employees.
How soon after the period: Within 31 days after the end of the pay period.
Wisconsin employers may require direct deposit (with the employee choosing the bank) and must give a written pay statement each payday under DWD 272.10.
Penalty: Increased wages of 50% (100% for repeat violators) when the Department or a court orders payment, plus fees.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Wyoming Semimonthly (Covered Industries)
Statute / Agency: Wyo. Stat. § 27-4-101
Required frequency: Semimonthly for railroad, mining, refining, oil and gas, factory, mill and workshop employers (wages for the first half of the month by the 1st of the next, second half by the 15th). Other employers, including most trades shops, set their own regular schedule.
How soon after the period: Roughly 15 days after each half-month for covered employers.
Penalty: Fines of $25 to $750 per violation under § 27-4-103; Department of Workforce Services wage claims.
Federal rule (every state): the FLSA sets no payday frequency; it requires that wages be paid on the regular payday for the period worked, and the Department of Labor treats a payday more than a few days late as nonpayment for liquidated-damages purposes. Pay stubs aren’t federally required, but most states require itemized statements.
Frequency and lag rules from state wage-payment statutes, labor department guidance and the U.S. Department of Labor’s state payday table as of October 2026. Several states exempt employees covered by collective bargaining agreements or allow the agency to approve alternative schedules; those are noted where relevant. Public employers and agricultural workers often have separate rules not covered here.
Running the Business
- The rest of the pay rules: overtime laws by state (overtime may be paid on the next regular payday in most states), final paycheck laws by state (the one payday that doesn’t wait for the schedule) and minimum wage increases by state.
- Year-end: 2027 has 53 Fridays, so weekly payrolls get 53 paydays and some biweekly payrolls get 27; W-2 code TT reporting and the 1099 tax guide for trades cover the forms that follow.
- Helpers paid cash on Friday: that’s a weekly payday with no statement, no withholding and no I-9; see the 1099 helper trap.
- Everything changing January 1: new contractor laws by state.
Hours in by Sunday Night, Payroll Out by Friday
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FAQ
How often does the law require me to pay employees?
It depends on the state. New York requires weekly pay for manual workers (which includes techs and installers); Connecticut, Rhode Island and Vermont require weekly unless you get approval or give notice; Massachusetts and New Hampshire require weekly or biweekly for hourly staff. Twenty-seven states require at least semimonthly pay (Arizona, Maine and New Mexico within 16 days; West Virginia biweekly). Eleven states require only monthly, five let the employer set any regular payday, and Alabama and Florida have no statute. Federal law sets no frequency.
Is biweekly pay legal in every state?
Biweekly (26 paydays a year) satisfies every semimonthly, monthly and employer-choice state, since it pays more often than required. It is not legal for manual workers in New York (weekly required), and in Connecticut and Rhode Island it requires the state’s approval or petition; Vermont allows it only after written notice to employees. Watch the lag rule too: a biweekly payroll that pays more than 6 to 8 days after the period closes violates Massachusetts, Vermont, New York, Delaware, Hawaii, Connecticut, Maine, New Hampshire and Rhode Island.
Who is a ’manual worker’ under New York’s weekly pay law?
Anyone who spends more than 25% of working time doing physical labor, under the Department of Labor’s long-standing interpretation: technicians, installers, apprentices, helpers, warehouse and delivery staff, regardless of how much they earn. Dispatchers and office staff are ’clerical and other workers’ and may be paid semimonthly. Only employers averaging 1,000 or more New York employees can apply to pay manual workers semimonthly.
What happens if a New York shop pays techs biweekly?
Since Vega v. CM & Associates (2019), employees can sue for liquidated damages equal to the portion of each paycheck that was paid a week late, plus interest and attorney fees, going back six years. The May 2025 amendment to Labor Law § 198 limits a first violation to lost interest if the employer paid at least semimonthly on a regular schedule, but a second violation brings back full liquidated damages (100% of the late wages). The Department of Labor can also assess civil penalties up to $3,000 per violation.
How soon after the pay period ends does the paycheck have to go out?
Most states set a maximum lag: 6 days in Massachusetts and Vermont, 7 in New York (manual workers), Delaware and Hawaii, 8 in Connecticut, Maine and New Hampshire, 9 in Rhode Island, 10 in Colorado, Indiana, New Jersey, Utah, Washington and DC, 11 in Oklahoma, 12 in Iowa, 13 in Illinois, 15 in Idaho, Kansas and North Dakota, 16 in Missouri, 18 in Kentucky and 19 in West Virginia. California, Nevada, New Mexico, Michigan, Ohio and Tennessee use fixed calendar dates for semimonthly periods. A schedule that closes Sunday and pays Friday meets all of them.
Can I pay my employees monthly?
Hourly employees, only in the 11 monthly states (Colorado, Delaware, Idaho, Iowa, Kansas, Minnesota, North Dakota, Oregon, South Dakota, Washington, Wisconsin), the five employer-choice states (Montana, Nebraska, North Carolina, Pennsylvania, South Carolina) and Alabama and Florida. Exempt salaried employees may be paid monthly in most semimonthly states (California, Illinois, Nevada, New Jersey, New Mexico, Oklahoma, Texas, Utah, Virginia, DC, Missouri, Maryland). Monthly pay for a tech is illegal in 33 states.
Can I require direct deposit or a pay card?
Texas (60 days’ notice), Kansas, Wisconsin, Massachusetts (employee picks the bank) and a handful of others allow employers to require direct deposit, usually with a paper-check or pay-card alternative. Most states require the employee’s written consent for direct deposit and for pay cards, and every state that allows pay cards requires a free way to withdraw the full balance. Never condition employment on having a bank account in a consent state.
Do I have to give employees a pay stub?
In about 40 states, yes, in some form: California, Oregon, Washington, Colorado, Illinois, Maryland, Minnesota, New York, New Jersey, Texas, Virginia, North Carolina, Maine, Nevada, West Virginia and others require an itemized statement each payday showing hours (for non-exempt employees), rates, gross pay, deductions, net pay and the pay period. Federal law doesn’t require stubs. California’s wage statement penalties ($50 to $100 per employee per pay period, up to $4,000) make it the most expensive state to get this wrong.
Do I have to tell employees their payday in writing?
About 20 states require a written notice at hire of the pay rate, pay period and payday (California, New York, Minnesota, Maryland, North Carolina, South Carolina, New Hampshire, Nebraska, West Virginia, Pennsylvania, Illinois, Delaware among them), and most require advance written notice of any change (30 days in Nebraska, 7 days in South Carolina). California, Nevada and Tennessee also require posting the payday schedule. Keep a signed copy of the notice in the personnel file.
What’s the penalty for paying late or on the wrong schedule?
It ranges widely: Connecticut fines up to $300 per violation for an unapproved schedule; Nevada up to $5,000; Vermont up to $5,000; New Hampshire up to $2,500; Tennessee $500 to $1,000; California $100 to $200 plus 25% of the late amount per violation. Where a late regular payday becomes unpaid wages, the wage-theft penalties apply: mandatory treble damages in Massachusetts, 200% in New Jersey, 100% in New York, double in Connecticut, Washington and West Virginia, and continuing daily wages for late final pay in many states.
Bottom Line
A biweekly payroll that closes Sunday and pays Friday is legal in 45 states. It isn’t legal for techs in New York, or in Connecticut, Rhode Island or Vermont without the filing or notice those states require, and a monthly payroll isn’t legal for hourly workers in 33 states. Check your lag against the table (6 to 8 days in the Northeast), post the payday schedule where the state requires it, hand every new hire the written notice, and issue an itemized statement with every check.
If you’re in New York, pay your field crew weekly starting next pay period. It’s the single cheapest fix in this entire series relative to the lawsuit it prevents.
