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.
The South Dakota statutes and regulations do not expressly address the payment of wages using paycards.- 11/09/2015
HB 3095 (Public Chapter 874)
Effective April 19, 2010
Amends section 50-2-103 of the Tennessee Code to authorize the payment of wages using a prepaid debit card provided certain conditions are met. Among other things these conditions require that employees also be given the option of being paid by direct deposit, receive written disclosure of applicable fees, and be able to make at least one withdrawal or transfer each pay period without cost for any amount contained on the card.
The Texas statutes and regulations do not expressly address the payment of wages using paycards.- 11/09/2015
Utah Admin. Code R610-3-22
Effective June 22, 2009
Rule 610-3-22 authorizes the use of pay cards provided certain conditions are met. Among other things, the Rule addresses the ability to withdraw full wages on payday without cost and the conditions under which the required statement of deductions may be provided electronically.
S. 58 (Act. No. 115)
Effective May 21, 2010
Amends sections 342 and 343 of Title 21 of the Vermont Statutes and authorizes the payment of wages by credit to a payroll card account with the written consent of the employee and provided a variety of conditions are met. Among other things, these conditions relate to written disclosures, access to account information and cash wages without cost, prohibited fees, linkage to credit, and post-employment responsibilities.
Va. Code § 40.1-29
Section 40.1-29 of the Virginia Code permits the payment of wages using a prepaid debit card provided certain conditions are met. Among other things, these conditions relate to employee consent and required disclosures. The statute also identifies the circumstances under which paycards may be the default method of wage payment for employees hired after January 1, 2010 who do not designate an account for direct deposit.
Getting Paid: Common Questions
The Washington State Department of Labor and Industries takes the position that a business may pay its employees using a prepaid payroll card. However, if there are fees for using the card, the employer must provide an alternative payment method that allows employees access to their wages without any fees or costs associated with the payroll transaction.
HB 4032 (Ch. 129 2008)
Effective June 7, 2008
Amends section 21-5-3 of the West Virginia Code to permit payment by deposit or electronic transfer of immediately available funds into an employee's payroll card account in a federally insured depository institution. The employee and employer must agree in writing to payment using a payroll card.
The Wisconsin statutes and regulations do not expressly address the payment of wages using paycards.- 11/09/2015
The Wyoming statutes and regulations do not expressly address the payment of wages using paycards.- 11/09/2015