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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 UNLESS you and your employee had a written work agreement AND you had a clause where nanny agreed to return these items before receipt of final paycheck.
| 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 5 working days | within 5 working days |
* There are additional rules for commission and piece rate or task rate compensated employees and employees covered by a collective bargaining agreement. This list applies to household workers, who are legally non-exempt, hourly employees.
Transitions: Firing the Nanny
