Alaska Final Paycheck Law — deadline & penalty calculator

Frequently Asked Questions

• When must an Alaska employer issue a final paycheck after termination?

  Alaska Statute AS 23.05.140 sets two deadlines: if the employee was fired or laid off, the final paycheck must be issued within 3 working days of the termination date. If the employee resigned voluntarily, the paycheck is due on the next regular payday, as long as that payday falls at least 3 working days after the last day worked. Weekends and state holidays do not count as working days (as of 2026).

• What is the penalty for a late final paycheck in Alaska?

  After the deadline has passed and the employee makes a written demand for the unpaid wages, the employer owes 1 day's wages for every day the payment remains late — up to a maximum of 90 days. If the employee earns $20/hr × 8 hrs = $160/day, the maximum penalty is 90 × $160 = $14,400. The penalty is owed on top of the original wages (as of 2026, per AS 23.05.140).

• Does the Alaska final paycheck penalty start automatically after the deadline?

  No. The per-day penalty does not begin automatically when the deadline passes. It starts only after the employee makes a written demand for the unpaid wages. This means an employee must send a written demand — by email, certified mail, or other documented means — to start the penalty clock. Verbal demands are not sufficient to trigger the statutory penalty.

• Can an Alaska employer withhold a final paycheck for debts or unreturned equipment?

  No. Alaska law prohibits withholding or delaying a final paycheck to recover alleged debts, unreturned uniforms, equipment, or other disputes. The employer must issue the full paycheck on time and pursue recovery of any debts through civil court or other legal channels. Withholding is a wage theft violation subject to the penalty provisions of AS 23.05.140.

• What wages must be included in an Alaska final paycheck?

  The final paycheck must include all earned wages: regular wages for hours worked, overtime pay, commissions, bonuses that have been earned, and any other wages promised by contract or policy. Whether accrued vacation pay must be included depends on the employer's written policy — if the policy promises payout upon termination, those wages are owed and subject to the same deadline.

• Does the federal FLSA set a final paycheck deadline?

  No. The federal Fair Labor Standards Act does not set a specific deadline for issuing final paychecks. Final paycheck timing at the federal level defaults to the employer's regular payday schedule. Alaska's AS 23.05.140 provides significantly stronger protection with firm deadlines and a penalty mechanism that does not exist at the federal level.

• What should I include in a written demand for an overdue Alaska final paycheck?

  A written demand should include: your full name and contact information, the employer's name and address, your last day of employment, the amount of wages you believe are owed (with a breakdown if possible), a statement that payment is required immediately under AS 23.05.140, and the date. Send it by certified mail with return receipt or by email with read receipt. Keep a copy as evidence of the demand date.

• How do I file a wage claim for an unpaid final paycheck in Alaska?

  Contact the Alaska Department of Labor and Workforce Development, Wage and Hour section: 1251 Muldoon Road, Suite 113, Anchorage, AK 99504; phone (907) 269-4900; email statewide.wagehour@alaska.gov. The statute of limitations for unpaid wage claims is 3 years from when the wages were earned. Filing a complaint is free and does not require an attorney.

• Does Alaska's final paycheck law apply to part-time and temporary workers?

  Yes. Alaska's final paycheck requirements apply to all employees regardless of employment type — full-time, part-time, temporary, seasonal, or per diem. The 3-working-day deadline for terminations and the next-payday rule for resignations apply equally to all employees covered by Alaska's Wage and Hour Act.

• Are tipped workers covered by Alaska's final paycheck rules?

  Yes. All workers, including tipped employees, are protected by AS 23.05.140. The final paycheck must include all wages owed. Alaska prohibits tip credits, so tipped workers are owed the full state minimum wage ($13.00/hr before July 1, 2026; $14.00/hr on or after July 1, 2026) for all hours worked, plus any employer-retained tips or service charges that were promised to the employee.