The APA Visa Paycard Portal provides employers with valuable resources relating to permissible methods of wage payment and focuses on the legal requirements governing paycards. The Paycard Portal provides employers with important information on how to integrate paycards into their wage payment programs, and keeps them up to date on this rapidly developing area of the law. For individual federal and state statutes, use the box below to filter articles by federal or a specific state.
Continue on for additional discussion of issues regarding payroll cards.
The material provided on the APA Visa Paycard Portal is for informational purposes only and is not to be considered tax, legal, or financial advice, analysis, or opinion. Readers are reminded that they are solely responsible for complying with federal and state employment laws and are encouraged to seek competent legal authority before taking action based on this material.
SB 211 (Public Act 16-125)
Effective October 1, 2016
This statute authorizes the payment of wages using payroll cards with the employee's voluntary and express authorization provided certain conditions are met. Among other things, the statute sets forth specific requirements for providing employees with access to cash wages and account information without cost. It also requires disclosures and alternative payment options, includes a number of fee restrictions, and prohibits linking payroll cards to any form of credit. Please consult the statute for complete and specific information.- 10/26/2016
Code of Delaware Regulations 65-400-013
Effective June 14, 2004
These regulations authorize employers to compensate employees using payroll debit cards that are the functional equivalent of cash or a check. The regulations also define "functional equivalent" and set forth the requirements that must be met when using payroll debit cards as a form of wage payment.
The District of Columbia's statutes and regulations do not expressly address the payment of wages using paycards.- 11/04/2015
HB 569 (Ch. 140 2009)
Effective July 1, 2009
Section 532.01 of the Florida Statutes identifies payroll debit cards as a permissible method of wage payment if certain conditions are met.
Official Code of Georgia Ann. § 34-7-2
Section 34-7-2 authorizes the payment of wages to a payroll card account, effective May 5, 2015. Among other things, the statute requires that certain disclosures and forms be provided to employees at specified times when payroll card accounts are used. It also requires that employees be able to opt out of the payroll card program and, at the employee's election, be paid by check or direct deposit.
HB 1814 (Act 208)
Effective September 1, 2014
Adds section 388-5.7 to the Hawaii Revised Statutes permitting the payment of wages using a pay card with the employee's voluntary authorization and provided certain conditions are met. Among other things, these conditions address written disclosures, alternative payment options, access to account information and cash wages without cost, fee prohibitions, and timely payment of wages to the payroll card account. Section 388-1 was amended to include definitions of “pay card,” “pay card account,” and “pay card fee schedule.”
The Idaho statutes and regulations do not expressly address the payment of wages using paycards.- 11/04/2015
HB 5622 (Public Act 098-0862)
Effective January 1, 2015
Amends the Illinois Wage Payment and Collection Act to authorize the payment of wages and final compensation by payroll card and to define "payroll card" and "payroll card account." Adds section 14.5 to the Act to specify the conditions under which payroll cards may be used. Among other things, section 14.5 requires that payroll cards be offered on a voluntary basis, that another method(s) of payment be offered in compliance with the Act, and that certain disclosures be made and consent obtained before wages are paid by electronic fund transfer to a payroll card account. Section 14.5 also addresses methods of accessing full net wages and account information without cost, prohibits specified fees and the use of payroll cards linked to credit, and identifies post-employment responsibilities. </
56 Ill. Admin. Code sec. 300.600
Effective August 22, 2014
Section 300.600 of Title 56 of the Illinois Administrative Code establishes the standards for voluntary acceptance of direct deposit and payroll cards.
The Indiana statutes and regulations do not expressly address the payment of wages using paycards.- 11/04/2015