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Summary of differences between federal and state regulations
Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment or payment within a specific time period.
In Minnesota, for voluntary termination, the final paycheck must be paid on the next scheduled payday. However, if the next scheduled payday is less than five calendar days after the employee’s final day of employment, full payment can be delayed until the second scheduled payday — but must not exceed 20 calendar days following the employee’s last day of employment. Migrant workers must be paid within five days following the employee’s last day of employment. (Minnesota Statute §181.14)
Employers are restricted in making deductions from the final paycheck for failure to return company property. The state law provides the following: "No employer shall make any deduction, directly or indirectly, from the wages due or earned by any employee ... for lost or stolen property, damage to property, or to recover any other claimed indebtedness running from employee to employer, except as permitted by section 181.79." (Minnesota Statute §181.14, Payment to employees who quit or resign; settlement of disputes)
For involuntary termination the final paycheck must be paid within 24 hours for transitory employment, or on the day of discharge for most other employment. (Minnesota Statutes §181.11 and §181.13)