Overview: Paycards, or payroll cards, are a fast growing method of paying wages to employees using electronic means. They are a good alternative for employees who do not, or cannot, have a bank account that is capable of receiving direct deposits. Approximately 10% of US employees fall into this category, with the greatest number of them working in industries such as hospitality, food service and agriculture.
Federal paycard laws and regulations generally mirror direct deposit laws. Employers' paycard accounts must meet the same legal requirements as direct deposit accounts. An increasing number of states have passed a paycard law, and there is much variation among these laws. Employers must comply with all applicable federal and state laws pertaining to paycards.
Trends: Employers should check the laws of the states in which they pay employees for variations from federal law. Depending on the state, a number of additional restrictions or guidelines may apply. The following are some examples:
Author: Rena Pirsos, JD, Legal Editor
Updated to include the Wage Theft law, effective August 6, 2019.
Updated to reflect an increase in the maximum amount of wages payable to a deceased employee's estate, effective July 28, 2019.
Updated to include a new paycard law in Arkansas, effective July 24, 2019.
Updated to reflect the forthcoming Paid Family and Medical Leave Act.
Updated to reflect the forthcoming wage theft law.
Updated to reflect final regulations implementing the forthcoming state paid family and medical leave law, effective July 1, 2019.
Updated to include the roll-out of the Calsavers retirement savings program, effective July 1, 2019.
HR and legal considerations for employers regarding electronic paycards.