Payday Requirements

About Payday Requirements

When employers must regularly pay their employees, is set by minimum payday requirements in the provisions of state employment and labor laws or related regulations.

Employers may pay employees more frequently than mandated by state payday law provisions or regulations, but not less, except when a state allows exceptions.

Payday requirements vary by state. But most states require employers to pay employees within one of the traditional payday periods listed below.

• Weekly
• Every two weeks (biweekly)
• Once monthly
• Twice monthly (semimonthly)

Some states allow exceptions for certain types of workers. Some others have created nontraditional minimum payday requirements, such as no more than 12 workdays between paydays.

A few states don't specify payday requirements or specify them only for certain types of workers. States that don't specify payday requirements let employers decide when to pay employees by policy. But it must be within reason, as the Federal Fair Labor Standards Act (FLSA) generally requires employers in all states to promptly pay all wages due to covered employees.

Should your employer fail to pay you regularly according to the FLSA prompt payment requirement, state minimum payday requirements, or per your employer's own policy or habit, then the wage and hour (or equivalent) division of the relevant state labor department might help you to collect your due.

Otherwise, consider consulting an attorney or filing a case in small claims court, for which you don't need an attorney if you so choose. Either way, you might be entitled to reimbursement for the legal fees that you incurred.

For the minimum payday requirements in the state in which you work, see the chart on the next page.

Next Page > State Payday Requirements Chart
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