Member News, New York Related News

New York State Department of Labor Publishes Revised Proposed Regulations Governing Use of Payroll Debit Cards

On October 28, 2015, the New York State Department of Labor (NYSDOL) published revised proposed regulations modifying its draft regulations (which were initially published on May 27, 2015) governing permissible methods of wage payment, including the use of payroll debit cards (also referred to as paycards).

While the focus of the revised proposed regulations is on an employer’s use of payroll debit cards, they also codify guidance provided by the NYSDOL in the agency’s opinion letter pertaining to paychecks. The revised proposed regulations closely track the draft regulations. They maintain the requirement that employers disclose all information to employees pertaining to payroll debit cards and receive written consent for using debit cards to pay employees; but they eliminate certain restrictions and clarify that electronic consent regarding method of payment is permissible.

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Courtesy of Ogletree Deakins – Ogletree Deakins is a member of the EACCNY