Legislation allowing 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.
If you missed our other paycard legislation updates:
Here is our latest roundup of paycard laws by state:
Colorado's payroll laws include a provision about paycards which requires that employers must allow employees to withdraw all of their wages at least once per pay period without incurring any fees. They must also offer employees an alternative to a paycard, such as direct deposit to a bank account or a paper check.
Connecticut does not yet have any legislation specifically addressing payroll cards, though not for lack of effort. Twice in the last five years, the state Legislature failed to enact payroll card legislation. As a result, the Connecticut Department of Labor is advising that Connecticut not authorize payroll card systems. That said, the state doesn't intend to shut down current payroll card programs, as long as participation is voluntary and employers do not charge fees to access pay.
Payroll cards are allowed in the state of Delaware provided they are a "functional equivalent" of a check or cash. In other words, employees must be able to access their full wage amount on payday without paying any fees. Employees must also have the option of enrolling in direct deposit to their own bank.
Florida law outlines a number of statutory provisions for the use of payroll cards, including:
● They are not a condition of employment.
● Employees can withdraw the full amount of their wages, on demand, without fees.
● There is an established place of business in the state to access funds, and the name and address of the card issuer must appear either on the payroll card itself or in payroll card issuing materials.
● For the first month after the payroll card is issued to an employee, the card issuer must have sufficient funds or some other arrangement to pay the employee.
Georgia just passed a law authorizing payroll cards in May, effective immediately. The new statute requires employers to provide written explanation of fees associated with the payroll cards, and employers must provide those materials to current employees at least 30 days before introducing the payroll card system, and at the time of hiring for new employees. Also, employees must be able to opt out of payroll cards at any time through written request.
Just as labor and employment agencies adjusted to the advent of direct deposit payroll, they now must provide guidelines for the increasingly popular paycard. Employers must take care to comply with both federal and state payroll laws.
Our goal has always been to help employers and employees alike. Offering a payroll card for employees reduces payroll costs and paper waste, not to mention providing unbanked or underbanked employees with a direct deposit system, with all of its perks — online banking, text alerts and real-time financial information.
Get in touch with us today to find out more about our payroll cards. They're free for employers to adopt and easy for employees to use. If you’re unsure about how paycard laws apply to your company, our representatives will work with you to ensure your company is in compliance with paycard legislation at the state and federal level.