Ohio Final Paycheck Law — Deadlines & Penalties

Frequently Asked Questions

• When is my final paycheck due in Ohio?

  Under Ohio O.R.C. §4113.15, your final paycheck is due on the employer's next regularly scheduled payday — the same date that other employees on your pay schedule receive their wages. This rule applies regardless of whether you were fired, laid off, or resigned voluntarily. There is no same-day or 24-hour requirement in Ohio.

• What is the penalty if an Ohio employer pays the final paycheck late?

  If wages remain unpaid for 30 days beyond the regularly scheduled payday, Ohio O.R.C. §4113.15 entitles the employee to liquidated damages equal to the greater of: (1) 6% of the unpaid wage amount, or (2) $200. The $200 floor protects workers owed smaller amounts. For wages over approximately $3,333, the 6% calculation exceeds $200 and becomes the governing penalty.

• Does Ohio distinguish between fired and voluntarily resigned employees for final paycheck purposes?

  No. Ohio O.R.C. §4113.15 applies the same deadline — the next regular payday — regardless of the circumstances of separation. Whether you were terminated for cause, laid off in a reduction in force, or submitted a resignation, your employer has until the next scheduled payday to pay all earned wages. This is more lenient than California (same-day if fired) but stricter than the federal FLSA, which sets no specific deadline.

• What counts as wages under Ohio's final paycheck law?

  Ohio's Prompt Pay Act covers all earned compensation including hourly wages, salary, earned commissions, earned bonuses that are calculable at separation, and accrued vacation or PTO if the employer's written policy provides for payout upon separation. Discretionary bonuses not yet earned, non-vested equity, and severance are generally outside the scope of O.R.C. §4113.15 and governed by contract.

• Can my Ohio employer withhold my final paycheck for equipment or other reasons?

  Generally no. Ohio employers may only deduct from a final paycheck amounts that are (1) required by law (taxes, garnishments), (2) pre-authorized in writing by the employee (health insurance, 401(k), uniform rentals), or (3) explicitly permitted by statute. Employers cannot unilaterally deduct for alleged property damage, unreturned equipment, or training repayment without a prior written agreement signed by the employee.

• What if there's a dispute about how much I'm owed?

  If there's a genuine, good-faith dispute about the wages owed, the 30-day penalty clock under O.R.C. §4113.15 may not run on the disputed portion — provided the employer documents the dispute. However, undisputed wages must still be paid on time. Employees may file a wage claim with Ohio's Division of Labor and Worker Safety or pursue a civil action. Courts have discretion in awarding penalties where a legitimate dispute exists.

• How do I file a final paycheck complaint in Ohio?

  You can file a wage claim with the Ohio Department of Commerce's Division of Labor and Worker Safety (Bureau of Wage and Hour Administration) online at com.ohio.gov. You may also file a complaint with the U.S. Department of Labor's Wage and Hour Division under the FLSA, or pursue a private lawsuit in Ohio court. Keep records of your last day worked, pay stubs, and any written communications about your final wages.

• Does Ohio's final paycheck law apply to all employers?

  Ohio O.R.C. §4113.15 applies broadly to employers who pay wages in Ohio. Unlike Ohio's minimum wage statute (which has a $405,000 gross receipts threshold), the Prompt Pay Act does not include a similar coverage threshold. Even small employers are subject to its payment timing and penalty provisions. Federal FLSA rules also apply to employers engaged in interstate commerce.

• What if my employer has no established regular payday?

  Ohio O.R.C. §4113.15 anticipates this: if no regular payday exists, the 30-day penalty window begins 60 days after the employee files a wage claim, or 60 days after any agreement or award establishing the amount payable. Ohio law generally requires employers to establish and communicate a regular pay schedule (at minimum semi-monthly under O.R.C. §4113.15(A)), so the absence of a payday schedule may itself indicate a violation.

• Is accrued vacation included in my Ohio final paycheck?

  Yes, if your employer's written policy provides for vacation payout upon separation. Ohio courts treat accrued, vested vacation pay as wages under the Prompt Pay Act. If the employer's policy has a 'use it or lose it' provision and you were aware of it, the employer may not owe payout. If the policy is ambiguous, Ohio courts tend to interpret ambiguity in the employee's favor. Always review your employee handbook or offer letter for the vacation payout provision.