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
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

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!