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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 make final wage payments. Below is a state by state summary of separation payment rules as they apply to nannies.*
February 2009

You MAY NOT withhold the last 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 within 3 working days
AZ within 3 working days or next pay day, which ever first. within 3 working days or next pay day, which ever first.
AR within 7 days next regular pay day
CA immediately 72 hours if employee quits; at time employment ends if 72 hours or more advanced notice
CO immediately 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 pay 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 demand, or next regular pay day, not greater than 10 days 48 hours upon employee demand, or next regular pay day, not greater than 10 days
IL immediately if possible, no later than next regular pay day immediately if possible, no later than next regular pay day
IN next regular pay day next regular pay day
IA next regular pay day
KS next regular pay day next regular pay day
KY no later than next regular pay day no later than next regular pay day
LA within 15 days next regular pay day, not to exceed 15 days
ME next regular pay day, or no later than 14 days upon employee demand next regular pay day, or no later than 14 days upon employee demand
MD next regular pay day next regular pay day
MA immediately next regular pay day
MI next regular pay day no later than next regular pay day
MN immediately or within 24 hours of demand next regular pay day
MS
MO immediately or within 7 days if employee requested direct deposit
MT immediately next regular pay day, not to exceed 15 days
NE next regular pay day, no more than 2 weeks
NV immediately next regular pay day, not to exceed 7 days
NH within 72 hours 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 next regular pay day
OH
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 within 48 hours on demand or next regular pay day
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 within 72 hours next regular pay day
WI next regular pay day next regular pay day
WY within 4 working days within 4 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.

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