New York Employment Lawyers Offer Sound Advice on Proposed Changes to Laws Governing Methods of Wage Payments

Potential rule change allows payment of wages via payroll debit card

In May of 2015, the New York Department of Labor publicized proposed changes to permissible methods of payment of wages to employees. To date, wages must be paid via cash, check or direct deposit. The proposed changes add the option of wage payment through a payroll debit card. Understanding the benefits and drawbacks of such a payment method is important to employers and employees alike.

At Hepworth, Gershbaum & Roth, PLLC, we know that any changes to New York employment laws have the potential to impact employees throughout the state. Our employment law attorneys are committed to maintaining a constant awareness of proposed changes, allowing us to offer the insight and advice you need to understand the impact changes may have on your income or career.

What is a payroll debit card?

A payroll debit card is a card that provides access to an account with a financial institution. The account must be officially established by the employer, and must provide around the clock access to the employee’s funds.

What must my employer do to pay me via payroll debit card?

If the proposed changes are passed, your employer may begin paying your wages via payroll debit card. To do so, however, the business must:

• Obtain your consent: In order to submit wage payments vial payroll debit card, your employer would be required to obtain your consent in writing. Failure to do so would violate the terms of the proposed rule change.
   

• Absorb any applicable costs: The proposed changes include provisions protecting employees from incurring any costs associated with a payroll debit card. Any and all administrative costs would need to be covered by the employer.
   

• Provide specific information: The proposed rule change would require your employer to provide a wide range of information, including a written statement of payment, a definition of the card program and other key data.
   

• Create a network of access: The proposed changes would require your employer to create a network of financial institutions and ATMs to provide 24-hour access to your wages. Without 24-hour complimentary access, the program would be in violation of the proposed rule changes.

Meeting these criteria would allow employers to offer the option of a payroll debit card, which may be an attractive option for many employees.

Schedule a free consultation to discuss your payroll debit card concerns with one of our knowledgeable New York employment lawyers

Whenever a proposed rule change has the potential to impact your income, it is important to understand the proposal to its fullest. The New York employment law attorneys at Hepworth, Gershbaum & Roth, PLLC are committed to maintaining a comprehensive knowledge of proposed rule changes in an effort to help employees like you understand the impact such changes may have on your finances. To schedule a free consultation to discuss your payroll debit card concerns with one of our New York employment law attorneys, contact us online or call 212-545-1199 today.