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Making the decision

First payday rules for 4 state payment schedules

Check California, Washington, Oregon, and New Jersey payday timing so the first regular payday matches that state's payment schedule.

Making the decision section

Confirm the first regular payday against the state schedule

Identify the applicable state and payroll period, then confirm the first regular payday against that publisher’s payment schedule.

Key takeaways for first payday payroll handoff

The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment, according to California Department of Industrial Relations. Distinguish pay-period end, payday and later corrections by checking the specific calendar limits for the earning period.

Labor Code Section 207 covers wages earned from the 1st day through the 15th day, inclusive, of any calendar month, and those wages are due on or before the 26th day of the month in which the labor was performed, according to California Department of Industrial Relations. Wages earned between the 16th and last day of the month must be paid by the 10th day of the following month, according to California Department of Industrial Relations. These dates apply specifically to the semimonthly schedule defined in the source. If the earning period is something other than between the 1st and 15th, and 16th and last day of the month, different timing rules apply.

Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned, according to California Department of Industrial Relations. This rule covers weekly and biweekly schedules as well as semimonthly schedules that do not align with the 1st-15th and 16th-last day structure. The seven calendar day limit is tied to the end of the payroll period, not the start date.

Record the first earnings-period end and scheduled payday for the new hire. Compare these dates with the sourced state rule for the specific payroll period type. Flag any unresolved exception where the designated payday does not match the calendar limit for the earning period. Verify that the first payday falls within the required window for the specific earning period type before finalizing the onboarding handoff.

Illustrative example of the weekly window

Suppose the weekly earnings period ends on day 8. Pay is due within 7 calendar days of that end, so the regular payday is day 15. The employment start date stays a separate third date, earlier than day 8. Count only the days inside this sketch: the period ends on day 8, and the payment date is day 15. The gap is the 7 calendar days in the California weekly rule. This sketch does not name a workplace, a person, or a payroll product.

Separate start date, earnings period and regular payday

A recruiter checking the first payday must distinguish three separate dates before the first check issues. The start date marks when the worker begins employment. The earnings period defines the span of hours worked that generate the pay. The regular payday is the scheduled date the employer issues the payment. Confusing these three dates leads to missed cutoffs or late payments.

In California, the distinction between the earnings period and the payday is critical for corrections. If overtime hours are recorded late, the employer is in compliance with Labor Code Section 226(a) relating to total hours worked by the employee if the overtime hours are recorded as a correction on the itemized statement for the next regular pay period and include the dates of the pay period for which the correction is being made, according to the California Department of Industrial Relations. This rule ties the correction to the specific pay period dates, not just the current payday. The recruiter must ensure the payroll system captures the exact dates of the period being corrected. Pair that correction check with State overtime rules from 4 pages before the offer.

Oregon provides specific timing rules for wage underpayments that depend on the percentage of gross wages involved. When the underpayment represents less than five percent of your gross wages, the amount may be paid on the next regular payday, according to the Oregon Bureau of Labor and Industries. This allows a small error to ride with the next scheduled payment. However, if the underpayment represents more than five percent of your gross wages, the amount must be paid within three business days, according to the Oregon Bureau of Labor and Industries. This stricter deadline requires immediate action rather than waiting for the next regular payday.

The practical implication for the first payday handoff is to verify the earnings period end date separately from the scheduled payday.

Apply calendar limits only to the stated payroll period

The Oregon Bureau of Labor and Industries states that paydays may not be more than 35 days apart, according to Oregon Bureau of Labor and Industries. This specific 35-day interval limit applies to the regular payment schedule for workers within that jurisdiction.

The same source provides a second, related constraint for the very first payment. It states that paydays may not be more than 35 days apart or more than 35 days from the date the employee entered upon their work, according to Oregon Bureau of Labor and Industries. This means the first paycheck itself has a hard deadline relative to the start date. If an employee begins work on a specific day, the first payday cannot occur more than 35 days after that entry date. You must distinguish this initial deadline from the recurring 35-day interval rule. Both rules operate within the same jurisdiction and worker category, so they must be applied together when setting the payroll calendar for a new hire in Oregon.

For workers in Washington, the Washington Department of Labor & Industries notes that employers have many options to pay employees – by check, cash, direct deposit, or even pre-paid payroll or debit cards, as long as there is no cost to the employee to access their wages Washington Department of Labor & Industries. In the same jurisdiction, an employer may require employees to sign up for direct deposit, as long as this does not impose a cost on the employee Washington Department of Labor & Industries. These provisions distinguish between the regular payment schedule and the mechanics of accessing those wages, ensuring that the method of payment does not create a financial barrier for the worker.

In New Jersey, the rules regarding payroll debit cards include specific consent and explanation requirements. The New Jersey Department of Labor and Workforce Development states that the individual employee must consent in writing to being paid with a payroll debit card New Jersey Department of Labor and Workforce Development. This written consent is a distinct step from the regular payday calculation and must be documented separately. Additionally, the employer must explain to the employee how the payroll debit card may be used at least one time during each pay period to withdraw wages in full, without any fee and without difficulty New Jersey Department of Labor and Workforce Development.

Reference table for the handoff dates

The table names the three dates the handoff keeps separate. It is a reference row, not a form.

Date to recordPlain meaning
Example The day work starts, the earnings period that builds the pay, and the regular payday

Notes for the first payday handoff

Record the first payday details for a new hire in your handoff notes. These notes support your internal handoff; they do not replace the sourced state rules covered in other sections. Take each detail from your payroll provider or the worker’s offer letter. Read Salary history questions: 3 state rules to check while the offer letter is still open. If a detail is unknown, flag it for follow-up before payday.

Name the specific publisher and rule that applies to the worker’s location. For example, if the worker is in New Jersey and falls under a special class, note the monthly payment provision. According to the New Jersey Department of Labor and Workforce Development, payment can be made once a month for certain executive, supervisory, or other special classes of workers as long as there is a regularly established schedule. Verify the worker’s classification against the specific scope of that rule before you treat the monthly option as covering every employee.

Keep these notes alongside the reference table and the other handoff sections. See Family leave handoff with 5 worksheet fields for another handoff you can finish the same day. It serves as a practical tool for the same-day handoff, allowing you to verify that all required details are captured before the first payroll run. If a detail is still unresolved after checking with payroll, treat it as an open item that needs resolution before the payday. This approach separates the factual, sourced rules from your internal administrative steps, ensuring that the handoff is both accurate and actionable.

Set the first payday on paper today

Write the start date, the earnings-period end, and the regular payday in your handoff notes today. Compare the payday with the state schedule for that payroll period. Include the posted day, time and location of payment, plus any written consent for a payroll debit card, before you pass the notes to payroll.

First payday payroll handoff FAQ

How often must regular wages be paid?

In California, wages, with some exceptions, must be paid at least twice during each calendar month on the days designated in advance as regular paydays, according to California Department of Industrial Relations.

When are California weekly and biweekly wages due?

Weekly, biweekly, and semimonthly wages whose earning period is not between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned, according to California Department of Industrial Relations.

Can an Oregon underpayment wait until the next payday?

When the underpayment represents less than five percent of your gross wages, the amount may be paid on the next regular payday, according to Oregon Bureau of Labor and Industries.

Can a worker be required to accept a payroll card?

The individual employee must consent in writing to being paid with a payroll debit card, according to New Jersey Department of Labor and Workforce Development.

What details should a recruiter confirm with payroll?

Confirm the established regular payday and the posted notice showing the day, time and location of payment, according to California Department of Industrial Relations. Ensure written consent is on file for any payroll debit card payment, according to New Jersey Department of Labor and Workforce Development.

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