Final Paychecks

npicentral

I would like to know if the State regs for WI supersede what the federal law might say regarding issuance of a final paycheck to an employee who has been terminated from their employment.
Any response would be welcome.

Parabeagle

Generally you should use the process which most favors the employee. In the case of final paychecks, federal law defers (as it does in many of the wage and hour details) to the states to regulate.

LindaS

I'm pretty sure the federal law states that the final paycheck must be provided as of the next payroll date. Although some states require that final paychecks be provided to the employee quicker (Utah's is 24 hours from the termination), Wisconsin is not one of those states. I have always provided the employee's final paycheck on the next scheduled check date.

mamhradm

There is no federal law that sets out how often or in what form employers must pay wages to employees - whether thru resignation or termination, so the state law would apply.

In Wisconsin: if the employee is not under a contract or on a commission payment basis, wages must be paid by the earlier of the next regular payday or 1 month. Migrant workers must be paid in full within 3 days after termination of employment. This applies whether the employee is discharged or resigned.

SDDCHR

Are you asking this for a particular reason? I.e. to hold the final paycheck until all property has been turned in? I have heard both ways on the issue of holding the final paycheck. One solution is to have the final paycheck available for pick-up only. This way you can ensure that all actions are completed prior to the employee walking out the door.