When and how to pay wages
When to pay wages
There is no federal law that governs the frequency of wage payments. Employers are cautioned that the chart on the following page contains only the major requirements for wage payments. Other requirements may apply. Specific types of employment and employment of minors may be subject to additional or different regulations. The fact that a particular type of employment is referenced does not mean that other types of employment are subject to different requirements. Employers should not rely solely upon this chart, but should familiarize themselves with the law of their state. Most states have wage and hour laws other than those addressing payment of wages.
Note: Some states have very short time periods in which all wages earned in the previous pay period must be paid. Employers that do not pay concurrently with the end of a pay period (i.e. wages for time earned January 1-14 is not paid on January 14 but later) need to ensure all wages and overtime are paid in the time period.
State requirements
| State | Required pay period and lag time for payment | Payment of final wages |
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Alabama
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No provision for private employers.
Public services corporations engaged in transportation with 50 or more employees must pay employees at least biweekly or semi-monthly for all work performed up to not less than 15 days before.
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No provision.
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Alaska
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An employer may agree in an initial employment contract to pay wages monthly. Otherwise, employers must pay wages either monthly or twice monthly at the employee’s option.
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Employers must pay employees who are terminated within three working days of termination. Employers must pay employees that quit at the next regular payday that is at least three days after notice of termination of services.
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Arizona
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Employees must be paid wages twice per month, no more than 16 days apart. Wages may be postponed by no more than five days, except for overtime. Overtime payments may be postponed 16 days.
Employers whose principal place of business and payroll systems are located outside of Arizona may pay exempt employees once per month, unless the employees' wages are subject to provisions of a collective bargaining agreement.
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Employers must pay discharged employees within seven business days or the next payday, whichever is sooner. Employees who quit are to be paid on the regular payday for the pay period during which the resignation occurred.
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Arkansas
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Employees must be paid twice per month.
Exempt employees who are paid more than $25,000 annually may be paid a minimum of once per month if employer has annual gross income of $500,000 or more.
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Discharged employees must be paid all unpaid wages by the next regular payday. Employees who quit must be paid on the next regular payday.
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California
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Employees must generally be paid at least twice per month, unless a collective bargaining agreement provides otherwise. Exempt employees may be paid once per month on or before the 26th day of the month if the entire month’s salary (including the unearned portion) is paid at that time. Employees of temporary services employers must be paid weekly. However, when assigned to a client on a day-to-day basis, employees of temporary services employers must be paid at the end of each day.. Wages for work performed between the first and 15th day of the month must be paid between the 16th and 26th day of the month. Wages for work performed between the 16th and last day of the month must be paid between the first and 10th day of the next month. For other payroll periods (weekly, biweekly, semimonthly) when the earning period is something other than between the first and 15th and 16th and last day of the month, wages must be paid within seven calendar days of the end of the payroll period in which the wages were earned. Overtime can be paid at the payroll for the next pay period. |
Employers must pay discharged employees all wages, including accrued vacation, on the date of discharge with a few limited exceptions for certain seasonal employees. An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting.
An employee who quits without giving 72-hours’ notice may request that their final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting. Note: Direct deposits of wages that were previously authorized by the employee are immediately terminated when an employee quits or is discharged, and the payment of wages upon termination of employment in the manner described above shall apply unless the employee has voluntarily authorized that deposit. Note:
Direct deposits of wages that were previously authorized by the employee are immediately terminated when an employee quits or is discharged, and the payment of wages upon termination of employment in the manner described above shall apply unless the employee has voluntarily authorized that deposit.
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Colorado
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Employees must be paid wages at least once every calendar month, no later than ten days following the close of each pay period unless the employer and employee agree otherwise.
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Employers must pay discharged employees immediately. If the employer is unable to pay the employee at the time of discharge because its payroll unit is not regularly scheduled to be operational, employees may be paid no later than six hours after the start of the accounting unit's next regular workday. (24 hours if the accounting unit is off the worksite). Employees who quit must be paid on the next regular payday.
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Connecticut
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Employees must be paid weekly. If the regular payday falls on a non-workday, wages must be paid the preceding workday.
Payday can be no later than eight days after the end of the pay period.
Employers can apply for a waiver of the weekly requirement.
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Employers must pay discharged employees no later than the next business day after the discharge. Employers must pay employees who quit or who are laid off no later than the next regular pay day.
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Delaware
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Employees must be paid at least once per month, no later than seven days following the close of the pay period. If the regular payday falls on a nonwork day, payment must be made in the preceding workday.
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Employers must pay employees who are discharged or quit by the next regular payday, by mail if requested.
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District of Columbia
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Employees must generally be paid at least twice per month, though exempt employees may be paid once per month. No more than 10 working days may elapse between the end of the pay period and the regular payday, unless otherwise specified in a collective bargaining agreement.
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Employers must pay discharged employees on the next working day. Employers are allowed four days from the date of discharge where the employee is responsible for the employer’s monies to determine the accuracy of the employee’s accounts. Employers must pay employees who quit by the next regular payday or within seven days from the date of quitting, whichever is earlier.
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Florida
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No provision.
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No provision.
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Georgia
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Employees must be paid in at least two equal pay periods per month.
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No provision.
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Hawaii
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Employees must be paid at least twice per month. Employees may be paid once per month in accordance with a collective bargaining agreement.
Wages must be paid within seven days after the end of the pay period.
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Employers must pay discharged employees at the time of discharge or not later than the next working day. Employers must pay employees who quit by the next regular payday. If the employee gives at least one pay period of notice, the employee must be paid on his or her last day.
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Idaho
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Employees must be paid at least once per month, not more than 15 days after the end of the pay period.
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Employers must pay employees who are discharged or quit by the next regular payday or ten days after discharge (weekends and holidays excluded), whichever is earlier.
Upon written request, the discharged employee must be paid within 48 hours of the request (excluding weekends and holidays).
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Illinois
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Employees must be paid at least semi-monthly, no later than 13 days after the end of the pay period. Exempt employees and commissions may be paid once per month, no later than 21 days after the end of the pay period.
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Employers must pay employees who are discharged or quit at time of separation if possible but no later than the next regularly scheduled payday. Employees may receive payment by mail upon request.
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Indiana
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Employees must be paid at least twice per month (or biweekly) upon request. Payment must be made for wages earned to a date no more than 10 business days prior to the date of payment.
Salaried, non-exempt employees are exempt from these requirements.
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Employers must pay employees who are discharged or quit no later than the next regularly scheduled payday. This provision does not apply to railroad employees.
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Iowa
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Employees must be paid at least monthly, semi-monthly or biweekly, not more than 12 days after the wages were earned (excluding Sundays and legal holidays).
Employers and employees can deviate from these requirements by written agreement.
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Employers must pay employees who are discharged or quit by the next regularly scheduled payday.
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Kansas
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Employees must be paid at least once per month on regular paydays designated in advance by the employer.
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Employers must pay employees who are discharged or quit by the next regularly scheduled payday
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Kentucky
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Employees must be paid at least twice per month, not more than 18 days after the wages were earned.
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Employers must pay employees who are discharged or quit no later than the next regularly scheduled payday or within 14 days of separation, whichever is earlier.
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Louisiana
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All public service corporations as well as employers with 10 or more employees in the manufacturing, mining and oil and gas industries must pay employees no less frequently than twice a month. Manufacturing, mining and oil and gas employers are not subject to this rule with respect to their clerical force and salesmen. Any employer who fails to designate paydays must pay employees on the 1st and 16th of the month, or as near to those dates as is practical.
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Employers must pay employees that quit or are discharged by the next regular payday or within 15 of separation, whichever occurs first.
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Maine
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Employees must be paid at least every 16 days for wages earned to a date not more than eight days before the date of payment.
Employers cannot increase the interval between paydays without written notice to employees at least 30 days before the increase occurs. Exempt employees may be paid less frequently. |
Employers must pay employees who are discharged or quit by the next regularly scheduled payday..
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Maryland
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Employees must be paid at least biweekly or twice per month.
Exempt employees may be paid less frequently.
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Employers must pay employees who are discharged or quit by the next scheduled payday.
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Massachusetts
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Nonexempt and hourly employees must be paid at least weekly or biweekly.
Exempt and salaried employees may be paid biweekly or twice monthly unless the employee opts to be paid monthly.
Employees must be paid within six days of the end of the pay period during which the wages were earned or within seven days of the end of the pay period if the employee either works seven days in a calendar week or fewer than five days.
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Any employee who voluntarily leaves employment must be paid on the next regular payday, or on the following Saturday in the abscence of a regular payday.
Any employee discharged from employment must be paid in full on the date of discharge, except in Boston where employers must pay as soon as payroll certification is completed.
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Michigan
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Employees must be paid on a regular basis. If paid semi-monthly, employees must be paid on or before the first day of each calendar month the wages earned during the first 15 days of the preceding calendar month. Employees must be paid on or before the 15th day of the month wages earned from the 16th through the last day of the preceding calendar month. If employees are paid weekly or biweekly, payday must occur within 14 days of the end of the pay period. If paid monthly, employers must pay all wages within 15 days of the end of the pay period. Employees Who engage in the hand harvesting of crops must be paid weekly by the second day of the following workweek unless a written contract states otherwise |
Employers must pay employees who are discharged or quit immediately, as soon as the amount owed can with due diligence be determined for an employee engaged in the hand harvesting of crops, the period of due diligence cannot extend for more than three days.
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Minnesota
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Generally, employees must be paid at least once every 31 days. Certain emergency responders may agree with their employees to be paid less frequently. Wages earned during the first half of the monthly pay period must be paid on the first regular payday following the first day of the week. Employees of a transitory nature whose work requires the employees to change their place of abode, must be paid every 15 days. |
Employers must pay employees who are discharged or quit by the next regularly scheduled payday. If the next payday is less than five calendar days following employee’s final day, full payment may be delayed until second regularly scheduled payday but shall not exceed a total of 20 calendar days following employee’s final day of employment. Employees may make a written demand for all wages and commissions due, in which case the employer must pay all wages and commissions within 24 hours of any such written demand. |
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Mississippi
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Employers of 50 or more employees engaged in manufacturing as well as public service corporations must pay employees biweekly or twice a month on the second and fourth Saturday of the month. Public service corporations must pay their employees within 15 days of the end of the pay period. Other employees must pay their employees within 10 days of the end of the pay period,
This requirement does not apply to exempt employees. |
No provision..
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Missouri
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Employees must be paid semi-monthly, within 16 days after the end of the pay period.
Exempt employees may be paid monthly.
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Employers must pay discharged employees on the day of discharge.
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Montana
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Wages may not be withheld for more than ten business days after they are due and payable.
If there is no established pay period, then the pay period is presumed to be semi-monthly.
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Employers must pay employees who quit by the next regular payday or 15 days from the date of separation, whichever occurs first. Employees who are terminated must be paid immediately unless a preexisting written policy extend the time in payment which payment can be made. The policy may only extend the payment to the next payday or 15 calendar days, whichever is sooner.
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Nebraska
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Employer must designate regular paydays. Employers must give employees 30-days' written notice before changing the payday schedule.
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Employers must pay employees who are discharged or quit by the next regular payday or within two weeks from the date of separation, whichever is sooner.
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Nevada
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Employees must be paid semimonthly. Wages earned before the 1st day of the month are due no later than eight a.m. on the 15th day of the following month.
Wages earned before the 16th day of the month are due no later than eight a.m. on the last day of the month. If the employer and its payroll department is located out of state may pay exempt employees may be paid monthly. Employees may voluntarily agree to be paid on other schedules.
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Employers must pay discharged employees immediately.
Employers placing an employee on a nonworking status must pay the employee’s earned wages immediately.
Employers must pay employees who quit by the next regularly scheduled payday or seven days after separation, whichever is sooner.
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New Hampshire
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Employees must be paid at least biweekly within 15 days of the end of the pay period or weekly, within eight days of the end of the pay period.
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Employers must pay discharged employees within 72 hours of discharge. Employers must pay employees who quit by the next regular payday, by mail if requested by the employee.
If the employee gives at least one pay period of notice prior to quitting, the employee must be paid within 72 hours of quitting.
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New Jersey
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Employees must be paid at least twice monthly, within 10 days of the end of the pay period.. Exempt employees must be paid at least monthly on a regularly established schedule. |
Employers must pay employees who are discharged or quit by the next regular payday
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New Mexico
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Employers must designate regular paydays, not more than 16 days apart for the payment of wages. Employers must pay wages for work performed between the 1st and 15th days of any month by the 25th day of the month.
Employers must pay wages for work performed between the 16th and last day of any month by the 10th day of the next month.
These deadlines are extended until the end of the month and the 15th day of the month, respectively, for employers whose payroll is prepared outside of New Mexico.
Exempt employees may be paid once per month.
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Employers must pay discharged employees upon demand within five days of discharge. All other discharged employees must be paid within 10 days of discharge.
Employers must pay employees who quit by the next regular payday.
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New York
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Manual workers must be paid weekly (semi-monthly for nonprofit entities) within seven days from the end of the pay period. Commissioned salespersons must be paid in accordance with a written agreement, at least once per month, not later than the last day of the month following the month in which the wages were earned. Clerical or other workers must be paid semi-monthly. These provisions do not apply to bona fide executive, administrative or professional employees. |
Employers must pay employees who are discharged or quit by the next regular payday, paid by mail if requested by employee.
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North Carolina
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Employees may be paid on a regular payday that is daily, weekly, bi‑weekly, semi‑monthly or monthly
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Employers must pay employees who are discharged or quit by the next regular payday, by mail if requested by the employee.
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North Dakota
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Employees must be paid at least monthly.
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Employers must pay employees who are discharged or quit by the next regular payday. Final wages must be paid by certified mail or as agreed upon by both parties.
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Ohio
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Employees must be paid at least twice per month. Wages earned within the first 15 days of a month must be paid by the first day of the next month.
Wages earned from the 15th day of the month through the last day of the month must be paid by the 15th day of the next month.
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Employees must get their final paycheck on their next scheduled paycheck or within 15 days of termination.
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Oklahoma
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Employees must be paid at least twice per month, not more than 11 days after the end of the pay period.
Exempt employees, public employees and employees of private nonprofit foundations can be paid monthly.
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Employers must pay employees who are discharged or quit by the next regular payday, by certified mail if requested by the employee.
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Oregon
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Employees must be paid at least once every 35 days on a regular payday.
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Employers must pay employees who are discharged or whose employment ends by mutual agreement by the next business day. Employers must pay wages of an employee who quit on the day of quitting if the employee has given at least 48 hours’ notice, excluding Saturdays, Sundays and holidays.
Employers must pay employees who quit without notice within five days, excluding Saturdays, Sundays, and holidays or by the next regularly scheduled payday, whichever occurs first.
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Pennsylvania
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Employees must be paid semi-monthly. The waiting time between the end of the pay period and the payday must not exceed 15 days. Overtime wages may be considered as wages earned and payable in the next succeeding pay period.
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Employers must pay employees who are discharged or who quit no later than the next regular payday, by certified mail if requested by the employee.
However, in the case of an industrial dispute in which the employer is not able to prepare the payroll by the time of the next scheduled payday, the employer will not be in violation of the law.
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Puerto Rico
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Employees must be paid at least every 15 days.
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Employers must pay employees who are discharged or quit by the next regular payday.
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Rhode Island
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Employees must be paid weekly, within nine days of the end of the payroll period. If the 9th day is a holiday, payment must be made the next business day. Employees whose compensation is fixed at a bi‑weekly, semi‑monthly, monthly or yearly rate need not be paid weekly.
This provision is not applicable to state or political subdivision, religious, or charitable organizations. Employers can apply for an exemption from weekly pay if an employer’s payroll exceeds 200% of the state minimum wage. Additionally, weekly pay not required where wages are paid regularly on a pre-designated date, at least twice per month, and the paydays are at least two weeks apart and the employer provides the Department of Labor and Training with a bond or security in the amount of the employer's highest biweekly payroll in the preceding year for the employees who are paid less often than weekly. |
Employers must pay employees who are discharged or quit by the next regular payday.
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South Carolina
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Employers must establish a regular payday, and any changes to those terms must be made in writing at least seven days prior to the change.
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Employers must pay employees who are discharged or quit within 48 hours of seperation or by next regular payday, but not later than 30 days.
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South Dakota
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Employees must be paid at least monthly.
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Employers must pay employees who are discharged or quit by the next regular payday or as soon thereafter as the emmployee returns all the employer's property to the employer.
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Tennessee
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Employees must be paid at least monthly. Employers must pay monthly wages by the fifth day of the succeeding month. Employers who pay more than once per month must pay wages earned before the first day of any month by the 20th day of the next month and wages earned before the 16th day of any month by the fifth day of the next month.
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Employers must pay employees who are discharged or quit by the next regular payday, or 21 days following separation, whichever occurs later.
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Texas
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Employees must be paid at least twice per month. Pay periods (where employees are paid twice per month) should be as nearly equal in length as possible.
Exempt employees may be paid once per month.
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Employers must pay discharged employees no later than 6 days after discharge. Employers must pay employees who quit by the next regular payday.
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Utah
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Employees must be paid at least semimonthly, within ten days after the close of the pay period.
Salaried employees may be paid monthly on or before the 7th of the month after the services were rendered.
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Employers must pay employees who are discharged within 24 hours of the discharge.
Employers must pay employees whose work ceases as the result of an industrial dispute, as well as employees who quit and do not have a written contract for a definite period by the next regular payday.
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Vermont
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Employees must be paid at least weekly. Employees may be paid biweekly or twice per month upon written notice.
Wages must be paid within six days of the end of the close of the pay period.
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Employers must pay discharged employees within 72 hours of the discharge.
Employers must pay employees who quit by the next regular payday, or, if there is no regular payday, by the next Friday.
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Virginia
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Employees must be paid at least biweekly or twice per month. Salaried employees must be paid at least once per month.
Employees enrolled in a work-study program administered by a secondary school, institution of higher education or trade school, as well as employees whose weekly wages total more than 150% of the average weekly wage in Virginia, may also be paid once per month.
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Employers must pay employees who are discharged or quit by the next regular payday.
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Virgin Islands
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No provision.
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No provision.
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Washington
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Employees must be paid at least monthly. If employees are paid more frequently than monthly, wages must be paid within 10 days of the end of the pay period.
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Employers must pay employees who are discharged or quit by the next regular payday.
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West Virginia
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Employees must be paid at least twice a month, unless otherwise provided by special agreement.
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Employers must pay employees who are discharged by the next regular payday or within four days of the discharge, whichever comes first.
Employers must pay employees who quit by the next regular payday, by mail if requested by the employee.
If the employee gives at least one pay period of notice before quitting, the employee must be paid at the time of quitting.
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Wisconsin
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Employees must be paid at least monthly, no more than 31 days after the wages were earned. Employees in logging operations and farm labor must be paid at least quarterly.
Collective bargaining agreement can set an alternative pay frequency.
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Employers must pay employees without a written employment contract who are discharged or who quit by the next regular payday. This provision does not apply to sales agents employed on a commission basis. If the employee is terminated as a result of a merger, liquidation or disposal of the business, then payment is due within 24 hours of the separation.
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Wyoming
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Employees engaged in the operation of any railroad, mine, refinery, and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop, within the state of Wyoming, must be paid at least semimonthly.
Wages earned between the 1st and 15th of a month must be paid by the 1st day of the next month.
Wages earned between the 15th and last day of the month must be paid by the 15th day of the next month.
Agriculture operations are exempt from these provisions.
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Employers must pay employees who are discharged or quit within five working days after discharge. Employers must pay employees who are temporarily laid off by the next regular payday.
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Payment methods
Many employers find it more convenient and cost efficient to pay employees by direct deposit as opposed to a traditional check. Recently, a number of employers have started to use payroll debit cards (also known as paycards or payroll cards) to pay employees. A payroll debit card (paycard) is similar to a debit card – wages are loaded to the card each payday, and the recipient can then access those wages via ATMs or use the cards as you would any debit card, to purchase goods. The benefit of a paycard for employees is that it does not require the employee to have a bank account or even visit a bank to access wages. For employers, it can reduce the costs and environmental impact associated with paper checks.
Laws governing whether and how an employer may use direct deposit or paycards to pay its employees vary from state to state and in the District of Columbia. Some states permit mandatory direct deposit of wages and/or paycards, while other states require that an employee consent to or be allowed to opt-out of direct deposit of wages or paycards.
In addition to specifying whether or not an employer may require the direct deposit of wages or paycards, many states have specific requirements for employers who choose to use paycards or direct deposit to pay their employees’ wages, such as that the employee not be charged service charges or other fees in order to access their full wages, that the funds in the payroll account have deposit insurance, and/or that the user have the ability to access account information. In addition, employers using direct deposit or paycards should ensure that any fees charged will not result in the employee receiving less than minimum wage.
In addition to state law restrictions, federal law prohibits an employer from mandating that an employee receive a direct deposit to a particular financial institution. Also, while federal law also provides that an employer may give employees the choice between receiving wages via direct deposit or via paycard, there are numerous regulations governing the use of paycards (such as providing certain initial disclosures and allowing the recipient access to account history).
Finally, the Consumer Financial Protection Bureau requires additional disclosures to employees and provides that employers are not permitted to automatically use paycards to pay their employees; employers must first give employees fee information and a choice about how to receive their pay. Employers wishing to use paycards should take care to stay abreast of the constantly changing state and federal laws regulating their use.
The following chart contains only the general requirements for laws regarding direct deposit and paycard requirements for private employers. Other requirements may apply, and many states have different laws for public employers.
Cryptocurrency
Recently, cryptocurrency has become more mainstream and questions have arisen as to if this is a legal method of wage payment. Under the FLSA, wages must be paid “in cash or negotiable instrument.” Cryptocurrency is neither cash nor a negotiable instrument in the United States and is not backed by the government or other legal entity it thus is not a permissible method for paying wages.
Direct deposit/paycard requirements
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State
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Direct deposit allowed (with consent)?
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Mandatory direct deposit allowed?
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Paycards allowed?
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Alabama
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YES
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YES
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YES
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Alaska
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YES
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NO
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Paycards are not explicitly permitted.
|
|
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Arizona
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YES
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NO |
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Arkansas
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YES
|
NO
(Employee may opt out by providing written request for payment by check.)
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Paycards are not explicitly permitted.
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|
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California
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YES
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NO
|
|
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Colorado
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YES
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NO
(The employer may use direct deposit to make a final payment to an employee’s stated bank account after termination even if the employee did not previously authorize direct deposit.)
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|
|
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Connecticut
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YES
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NO
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Paycards are permitted under certain circumstances with the employee’s written or electronic consent.
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|
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Delaware
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YES
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NO
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Paycards may be used but the employer must pay via cash, check or direct deposit when requested in writing.
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District of Columbia
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YES
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YES
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YES
|
|
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Florida
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YES
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NO
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The employer may require payment via paycards as long as the payment is without discount (such as associated fees) and other conditions are met.
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Georgia
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YES
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NO
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The employer may require payment via paycards as long as the employee receives a written explanation of any fees associated with the card.
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Hawaii
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YES
(The employee must be notified of any costs and restrictions and that they may cancel at any time.)
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NO
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Paycards are permitted as long as fees do not reduce wages to below minimum wage, the employee is notified in writing of their ability to cancel a paycard arrangement at any time with reasonable notice and various other specified conditions are met.
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|
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Idaho
|
YES
(Consent may be withdrawn.)
|
NO
|
Paycards are not explicitly permitted.
|
|
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Illinois
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YES
|
NO
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Paycards are permitted with employee consent. If the employer meets disclosure requirements, offers alternative methods of payment, provides for at least one full withdrawal of wages per pay period without fees, and meets other conditions.
|
|
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Indiana
|
YES
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YES
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Paycards are not explicitly permitted.
|
|
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Iowa
|
YES
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YES
(for employees hired after 7/1/05 only, if certain conditions are met)
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Paycards are premitted if the employee agrees in writing, funds are available on payday and the employee can access all wages due without fee or charge.
|
|
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Kansas
|
YES
|
NO
(If employee does not designate a bank for direct deposit, employer must have another payment option as a default.)
|
|
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Kentucky
|
YES
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YES
(If employee can withdraw entire net pay without deduction and without having to pay a fee.)
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The employer may require paycards as long as they are convertible into cash on demand at full face value, employees are not charged activation fees and employees are able to make at least one withdrawal per pay period without charge for any amount up to the full balance in the account.
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|
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Louisiana
|
YES
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YES
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YES
|
|
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Maine
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YES
(The employer may not charge a fee.)
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YES
(Employee must be able to make an initial withdrawal of the entire net pay without additional cost or be able to choose another means of payment that involves no additional cost to the employee.)
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Paycards may be required as long as the employee can either make an initial withdrawal of the entire net pay without additional cost to the employee or the employee can choose another means of payment that involves no additional cost to the employee.
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Maryland
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YES (employer cannot charge a fee)
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NO
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The employer may use paycards okay with employee authorization and disclosure of any fees in writing in at least 12 point font.
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Massachusetts
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YES
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YES
(Employee must not have to incur fees to open the account or access wages and employee must be able to choose a financial institution to receive funds.)
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Michigan
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YES
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YES
(Employer may require employee to choose between direct deposit or paycard; but employee may not be required to pay any costs or fees.)
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Minnesota
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YES
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NO
(Employee can opt out in writing.)
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Paycards are permitted with the employee’s written consent if enumerated restrictions are satisfied. The employee must be allowed to opt out of the paycard for another method at any time, and when offering the option of a paycard, the employer must give written disclosure of all the employee’s wage payment options and include the paycard’ s terms.
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Mississippi
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YES
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YES
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YES
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Missouri
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YES
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YES
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YES
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Montana
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YES
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NO
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Nebraska
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YES
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YES
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Employers may pay employees via paycards as long as they comply with federal law (such as offer another option of payment), and employee can make at least one free withdrawal of the full amount of their wages per pay period.
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Nevada
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YES
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NO
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Paycards are permitted with the employee written authorization; but the employee must receive at least one free transaction per pay period; and any other fees or charges must be disclosed and consented to.
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New Hampshire
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YES
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NO
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Paycards are permitted if the employee consents has at least one free means to withdraw up to the full amount of wages per pay period at a financial institution convenient to the place of employment and receives required disclosures from the employer.
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New Jersey
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YES
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NO
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Paycards are permitted with the employee’s written, revocable authorization; the employer must disclose all features and fees of the paycard; wages must be subject to withdrawal and disposition just as if they were directly deposited into the employee’s own account; and the employee must be able to withdraw up to all wages at least once per pay period.
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New Mexico
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YES
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NO
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Paycards are likely permissible with employee consent as long as there are no fees to collect the wages.
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New York
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YES
(Under certain circumstances; with specific notice to the employee.)
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YES, for certain employees only
(These include executive, administrative or professional employees who earn more than $900/week.)
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Paycards are permitted under certain circumstances with employee consent the ability to withdraw the full amount of wages without fees and specific notice to the employee.
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North Carolina
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YES
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YES
(Fees may not result in below minimum wage and employee must be able to choose the bank.)
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Paycards may be mandated as long as the employee can withdraw all monies due on payday, one-time use of the card by the employee on payday is at no cost to the employee and all fees are disclosed. Such fees are prohibited if they result in a below minimum wage.
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North Dakota
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YES
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YES
(The employee must not incur any fees.)
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Paycards may be used at the employee’s election with enumerated restrictions.
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Ohio
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YES
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YES
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YES
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Oklahoma
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YES
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YES
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Paycards are permitted if the employee fails to designate a financial institution for direct deposit. Wages must be payable without discount; and the employee may not be charged a fee for receipt of funds.
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Oregon
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YES
(Wages must be payable without discount, fees or charge.)
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NO
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Paycards are permissible with employee consent; and wages must be payable without discount, fees, or charges.
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Pennsylvania
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YES
(Employer must disclose all terms and conditions of deposit and how to withdraw consent.)
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NO |
Paycards are permitted with written consent if all terms and conditions of the paycard are disclosed, the employee is informed of how to withdraw consent, and the employee is informed in writing each time a transfer is made to the paycard. State law includes additional limitations regarding fees and withdrawals by employees.
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Puerto Rico |
YES (Employer may not charge any fees to employees for the costs of a direct deposit system and must disclose all deductions.) |
YES (Employer may choose the method(s) of electronic payment made available to employees with enumerated restrictions.) |
Paycards are permitted as long as the employee is allowed to choose any of the payment methods made available by the employer, none of the employer’s costs for the paycard system are passed along to the employee via fees, and the employer makes certain disclosures. | |
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Rhode Island
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YES
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NO
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Paycards are permitted upon the employee’s written or electronic request if the employee can make at least one withdrawal of their full wages per pay period without fees and unlimited account balance inquiries at no cost.
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South Carolina
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YES
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YES
(Deposit to SC bank, employee entitled to one withdrawal per deposit without paying a fee.)
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Employers can likely require payment by paycard as long as the card is through a South Carolina bank insured by a federal agency, and the employee is entitled to one withdrawal per deposit without paying a fee.
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South Dakota
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YES
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YES
(The employee must not incur additional expenses.)
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Tennessee
|
YES
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YES
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Paycards are permissible but the employee must have the option of direct deposit. The employer may require payment by paycard if employee does not designate a bank for direct deposit after receiving certain disclosure from the employer, and the employee can make at least one withdrawal or transfer for the full amount of their wages at least once per pay period.
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Texas
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YES
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YES
(If employee has bank account and 60 days notice given.)
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Paycards are permissible with written permission, but the employer must give notice, provide a list of all fees, provide the employee with an opt-out form, and obtain any information needed to process the payments. Employees may opt out.
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Utah
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YES
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YES, under certain conditions
(Direct deposit may only be required if the employer’s federal employment tax deposits are equal to or in excess of $250,000; and at least two-thirds of employees have wages deposited by electronic transfer. If the conditions are not met, an employee may refuse direct deposit in writing.)
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Mandatory paycards are permissible as long as the employee can withdraw the full amount of their full wages without a fee at least once per pay period and if the employer provides a written or electronic statement of deductions for each pay period.
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Vermont
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YES
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NO
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Paycards are permissible with written consent if numerous restrictions and conditions are not, including at least three free withdrawals per pay period for the employee.
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Virginia
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YES
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Probably NO
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Virgina Islands |
YES | YES | Paycards are not explicitly permitted. | |
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Washington
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YES
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YES
(Employee must have no costs or fees, or employer must offer a choice of payment with no costs or fees.)
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Paycard may be required as long as there are no costs or fees for the employee, or the employer offers a choice of payment with no costs or fees.
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West Virginia
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YES
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NO
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Paycards are permitted if the employer provides written disclosures of any fees, and gives the employee an option of choosing direct deposit instead, and the employee can make at least one withdrawal per pay period without cost or fee.
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Wisconsin
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YES
(Fees are allowed if direct deposit is optional for employee.)
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YES
(There must be no cost to the employee if direct deposit is mandatory.)
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Paycards are not explicitly permitted.
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Wyoming
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YES
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NO
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Paycards are not explicitly permitted.
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