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Paycard Regulations by State: ME, MD, MA, MI, MN, MS, MO, MT

Paycard Laws Map

Maine, Maryland, Massachussets, Michigan, Minnesota, Mississippi, Missouri, and Montana State Paycard Payroll Laws:

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Legislation allowing payroll payment via paycard is becoming increasingly common across the U.S. More states than ever are formally recognizing the system that does away with the paper paycheck in favor of the payroll card to streamline payroll and make it easier for employees to access their wages, particularly un- and underbanked workers. As is often the case, technology moves quickly, and government agencies are still drafting legislation for payroll card systems. Legislation regarding payroll cards varies widely from state to state. We've summarized what matters to payroll providers from each of the state laws. Read on for our overview of what you need to know about paycard legislation in Maine, Maryland, Massachussets, Michigan, Minnesota, Mississippi, Missouri, and Montana.

If you missed our other paycard legislation updates:

Arkansas, Arizona, Alaska, Alabama and California

Colorado, Connecticut, Delaware, Florida, Georgia

Hawaii, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana

Rhode Island

Maine

Maine law states that employers mandate that employees choose between being paid through bank account direct deposit and being paid on a paycard. When paying employees on a paycard program, the paycard itself must offer one no-cost bank teller withdrawal per pay period and a pay stub which can be printed at no cost. More information on Maine paycard laws here.

Maryland

In Maryland, the law states that employers can mandate that employees choose between bank account direct deposit and being paid on a paycard. However, before being paid on a paycard, employees must give consent and be provided with a fee schedule in 12-pt font. The paycard itself must offer one no-cost bank teller withdrawal per pay period. More information on Maryland paycard laws here.

Massachusetts

Although employers in Massachusetts can legally mandate direct deposit in general, the state has no specific paycard legislation. More information on Massachusetts paycard laws here.

Michigan

Michigan law allows employers to mandate that employees choose between bank account direct deposit and being paid on a paycard. Employers must give employees a form with the option to choose between a payroll card and direct deposit, and employees who do not return the form will be paid by default onto a payroll card. However, employees who were hired prior to 1/1/2005 must provide consent to being paid via paycard. The paycard itself must offer one no-cost bank teller withdrawal per pay period. More information on Michigan paycard laws here.

Minnesota

Minnesota law indicates that employees must opt-in to being paid on a paycard. The paycard itself must offer one no-cost bank teller withdrawal per pay period and provide an overview of the possibility of third party fees (such as ATM fees) in the Terms & Conditions agreement. Employers must provide payroll cardholder agreements in its employees’ first languages and must provide a pay stub which can be printed at no cost. More information on Minnesota paycard laws here.

Mississippi

Although employers in Mississippi can legally mandate direct deposit in general, the state has no specific paycard legislation. More information on Mississippi paycard laws here.

Missouri

Although employers in Missouri can lawfully mandate direct deposit in general, the state has no specific paycard legislation. More information on Missouri paycard laws here.

Montana

Montana law states that employees must opt-in to being paid via paycard. When presenting paycards, employers must offer employees the alternative options of being paid via paper checks or cash. Employers paying employees via paycards must provide a fee schedule, offer one no-cost bank teller withdrawal per pay period, and provide an electronic pay stub. Inactivity fees may not be applied when there is a balance on the paycard. More information on Montana paycard laws here.

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