Is Bi-Weekly Pay Illegal? Pay Frequency Rules by State

For many employers and staffing agencies, choosing a pay frequency is about balancing operational efficiency, cash flow, and employee expectations. One of the most common pay schedules in the U.S. is bi-weekly pay, where employees are paid every other week, typically resulting in 26 paychecks a year. But is this schedule legal everywhere? The short answer: bi-weekly pay is legal in most states, but not in all situations.Let’s break down where bi-weekly pay is allowed, when it can create compliance issues, and how an Employer of Record (EOR) like FoxHire ensures companies stay compliant with payroll and wage/hour laws—no matter where they operate.

What Is Bi-Weekly Pay?

Bi-weekly pay means employees receive a paycheck every two weeks. This is different from:

• Weekly pay: 52 pay periods/year 
• Semi-monthly pay: 24 pay periods/year (e.g., the 15th and last day of each month) 
• Monthly pay: 12 pay periods/year 

Bi-weekly schedules are especially popular among staffing agencies and hourly workforces because they align well with tracking time worked, overtime calculations, and benefits deductions.

Is Bi-Weekly Pay Legal in Every State?

While bi-weekly pay is common, state labor laws determine whether it’s permitted, especially for certain employee types (e.g., manual laborers or public employees). Here's a breakdown of the general legal landscape:

✅ States Where Bi-Weekly Pay Is Allowed (Generally)

Most states allow bi-weekly pay across industries and worker types, including:

• California 
• Texas 
• Florida 
• Ohio 
• Georgia 
• Pennsylvania 
• North Carolina 
• Illinois 
• Arizona 
• Washington 
• Colorado 

These states allow bi-weekly pay as long as it aligns with the minimum pay frequency rules and does not delay employee wages beyond allowable limits.

⚠️ States With Limitations on Pay Less Frequent than Weekly

Some states require more frequent pay for certain types of workers:New York

• Manual workers must be paid weekly, unless a specific exemption is granted by the state labor commissioner. 
• Office workers and most salaried professionals can be paid bi-weekly. 

Massachusetts

• Requires weekly or bi-weekly pay for hourly employees unless employers have written permission for less frequent schedules. 

Connecticut

• Mandates weekly pay unless the employer gets state approval for bi-weekly or semi-monthly. 

Rhode Island

• Hourly workers must be paid weekly, though exemptions for bi-weekly pay can be requested. 

New Hampshire

• Requires employers to pay weekly or bi-weekly by default. Any deviations (like monthly) must be approved by the Department of Labor. 

In all of these states, failure to follow the correct pay frequency can result in wage violations, penalties, and even class-action lawsuits.

How an Employer of Record (EOR) Keeps You Compliant

If your business operates in multiple states—or if you're a staffing agency placing talent in complex, high-risk industries—payroll compliance gets complicated quickly. That’s where an Employer of Record (EOR) like FoxHire becomes essential.

Here’s how an EOR keeps your business compliant:

✅ Monitors State-Specific Pay Frequency LawsFoxHire ensures that employees are paid according to state-mandated schedules, including weekly pay in states like New York or Rhode Island, where bi-weekly may not be allowed for certain worker categories.✅ Automates Payroll Across JurisdictionsWhether you have contractors in California, nurses in Texas, or IT talent in New York, FoxHire handles payroll frequency, taxation, and direct deposit processing—without missing a legal detail.✅ Calculates and Pays Overtime AccuratelySince overtime laws vary by state and even by city, our platform tracks time worked and applies the correct wage-and-hour rules. This helps employers avoid misclassification or underpayment lawsuits.✅ Files All Tax Withholdings and Wage ReportsFrom quarterly filings to W-2s, an EOR like FoxHire takes care of every payroll-related filing, making tax season a non-issue for employers.✅ Ensures Timely Wage PaymentsDelays in payroll can trigger wage and hour disputes. With an EOR, your team gets paid on time—every time—regardless of holidays, bank issues, or state-by-state nuances.

Final Thoughts

While bi-weekly pay is legal in most states, some jurisdictions impose specific rules—especially for hourly or manual workers. If you operate across state lines or in highly regulated industries, understanding and adhering to those rules is essential.Partnering with an Employer of Record like FoxHire gives you the peace of mind that your payroll is accurate, timely, and 100% compliant, no matter where your employees are located.