Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Cracking Down on Payroll Debit Cards

Author: Scarinci Hollenbeck, LLC

Date: July 28, 2015

Key Contacts

Back

The New York State Department of Labor (NYSDOL) recently proposed regulations that would restrict an employer’s use of payroll debit cards for the payment of wages.

The proposed employment regulations would impact approximately 13,000 New York businesses that pay wages to approximately 200,000 workers via payroll debit cards.

Across the country, an estimated 5.8 million workers received their wages via payroll debit cards in 2013, and that number is expected to double by 2017. Payroll debit cards, which serve as an alternative to direct deposit and traditional paper checks, provide benefits for employers and workers. For businesses, they generally cost significantly less. According to Visa, a payroll card deposit costs an employer $0.35 compared to $2.00 to issue a paper check. Many workers prefer pre-paid debit cards because their wages are available electronically on the same day that they are paid and can be used like a traditional debit card to make purchases, secure hotel and car rentals, pay bills, etc.

However, as highlighted in a 2014 report by the New York State Attorney General, payroll cards can also have downsides. According to New York Attorney General Eric Schneiderman, “Virtually all payroll card programs charge fees for card-related activities, and these fees can add up, reducing the meager take-home pay received by the lowest paid workers in the state.”

Proposed Regulations

The NYSDOL’s proposed regulations address many of the concerns discussed in the Attorney General’s report. Below are several key provisions of the proposed payroll card rules:

  • Informed Consent: Employers must obtain the employee’s informed consent without intimidation, coercion, or fear of adverse action by the employer for refusal to accept the payroll debit card or payroll debit card account. In addition, employers may not make participation in the payroll debit card program a condition of hire or of continued employment.
  • Written Disclosures: At least seven business days prior to seeking consent to issue wages by payroll debit card, employers must provide the following information in writing: (i) a plain language description of all of the employee’s options for receiving wages; (ii) a statement that the employer may not require the employee to accept wages by payroll debit card or by direct deposit; (iii) a statement that the employee may not be charged any fees for services that are necessary for the employee to access his or her wages in full; and (iv) a list of locations where employees can access and withdraw wages at no charge to the employees within reasonable proximity to their place of residence and place of work.
  • Fee Restrictions: Employers must provide at least one method of withdrawal up to the total amount of wages for each pay period or balance remaining on the payroll debit card without the employee incurring a fee. In addition, fees may not be imposed for point of sale transactions, overdraft, shortage, low balance status, account inactivity, maintenance, and customer service.
  • Miscellaneous provisions: Employers cannot pass along its costs to the employee for receiving wages via payroll debit card, nor can the employer receive any kickback or other remuneration from a card issuer for using a payroll card.

The proposed payroll card regulations are slated to take effect following a notice and comment period, which ends on July 31, 2015.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!