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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 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.

STATEPAYMENT ON DISCHARGEPAYMENT ON RESIGNATION
AL
AKwithin 3 working daysnext regular pay day
AZwithin 7 working days or next pay day, which ever first.next regular pay day
ARnext regular pay daynext regular pay day
CAimmediately72 hours if employee quits; at time employment ends if 72 hours or more advanced notice
COimmediately or next regular business day if immediate payment is impossiblenext regular pay day
CTnext regular business daynext regular pay day
DEnext regular pay daynext regular pay day
DCnext regular business daynext regular pay day or 7 days, whichever is sooner
FL
GA
HIimmediately or next regular business day if immediate payment is impossiblenext regular pay day
ID48 hours upon employee written demand, or next regular pay day, not greater than 10 daysnext regular pay day, not greater than 10 days or 48 hours upon employee written demand
ILnext regular pay daynext regular pay day
INnext regular pay daynext regular pay day
IAnext regular pay daynext regular pay day
KSnext regular pay daynext regular pay day
KYnext regular pay day or within 14 days, whichever is laternext regular pay day or within 14 days, whichever is later
LAnext regular pay day, not to exceed 15 daysnext regular pay day, not to exceed 15 days
MEnext regular pay day, not to exceed 14 daysnext regular pay day, not to exceed 14 days
MDnext regular pay daynext regular pay day
MAimmediatelynext regular pay day
MInext regular pay daynext regular pay day
MNimmediatelynext regular pay day
MS
MOimmediately or within 7 days if employee requested direct deposit
MTimmediately or  next regular pay day if employer has written policy, not to exceed 15 daysnext regular pay day, not to exceed 15 days
NEnext regular pay day, not to exceed 14 daysnext regular pay day, not to exceed 14 days
NVimmediatelynext regular pay day, not to exceed 7 days
NHwithin 72 hours, or for layoff/lack of work next regular pay daynext regular pay day
NJnext regular pay daynext regular pay day
NMwithin 5 daysnext regular pay day
NYnext regular pay daynext regular pay day
NCnext regular pay daynext regular pay day
NDnext regular pay day, not to exceed 15 daysnext regular pay day
OHno 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
OKnext regular pay daynext regular pay day
ORno later than end of the first business day after terminationnext regular pay day or within 5 days, whichever is earlier
PAnext regular pay daynext regular pay day
PRnext regular pay daynext regular pay day
RInext regular pay daynext regular pay day
SCwithin 48 hours on demand or next regular pay day, not to exceed 30 days
SDno later than next regular pay day OR as soon as employees return all employer propertyno later than next regular pay day OR as soon as employees return all employer property
TNwithin 21 days or next regular pay day, whichever occurs lastwithin 21 days or next regular pay day, whichever occurs last
TXwithin 6 daysnext regular pay day
UTwithin 24 hoursnext regular pay day
VTwithin 72 hoursnext regular pay day
VAnext regular pay daynext regular pay day
WAnext regular pay daynext regular pay day
WVnext regular pay daynext regular pay day
WInext regular pay day or within 30 days, whichever is earliernext regular pay day
WYwithin 5 working dayswithin 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.

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