Bill Text: NY A06894 | 2011-2012 | General Assembly | Introduced
Bill Title: Clarifies methods for the payment of wages and authorizes the payment of wages by use of payroll cards.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-06-11 - print number 6894a [A06894 Detail]
Download: New_York-2011-A06894-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6894
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to clarifying methods for the
payment of wages and authorizing the payment of wages by use of
payroll cards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The section heading of section 192 of the labor law, as
2 amended by chapter 301 of the laws of 1974, is amended to read as
3 follows:
4 [Cash payment] PAYMENT of wages.
5 S 2. Subdivision 1 of section 192 of the labor law, as added by chap-
6 ter 475 of the laws of 1981 and as renumbered by chapter 170 of the laws
7 of 1994, is amended to read as follows:
8 1. [No employer shall without the advance written consent of any
9 employee directly pay or deposit the net wage or salary of such employee
10 in a bank or other financial institution.] WAGES SHALL BE PAID USING ONE
11 OR MORE OF THE FOLLOWING METHODS:
12 A. IN LAWFUL MONEY OF THE UNITED STATES;
13 B. BY CHECK PAYABLE AT FACE VALUE UPON DEMAND IN LAWFUL MONEY OF THE
14 UNITED STATES;
15 C. BY ELECTRONIC AUTOMATED FUND TRANSFER IN LAWFUL MONEY OF THE UNITED
16 STATES INTO AN ACCOUNT IN THE NAME OF THE EMPLOYEE AT A FINANCIAL INSTI-
17 TUTION DESIGNATED BY THE EMPLOYEE; PROVIDED THAT THE EMPLOYEE VOLUNTAR-
18 ILY GIVES WRITTEN AUTHORIZATION IN ADVANCE TO RECEIVE HIS OR HER WAGES
19 IN THIS MANNER; OR
20 D. BY CREDIT TO A PAYROLL CARD IN ACCORDANCE WITH SECTION ONE HUNDRED
21 NINETY-TWO-A OF THIS ARTICLE.
22 S 3. The labor law is amended by adding a new section 192-a to read as
23 follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10535-01-1
A. 6894 2
1 S 192-A. PAYMENT OF WAGES USING PAYROLL CARDS. 1. AS USED IN THIS
2 SECTION:
3 A. "PAYROLL CARD" MEANS A PREPAID CARD OR OTHER DEVICE USED BY AN
4 EMPLOYEE TO ACCESS WAGES FROM A PAYROLL CARD ACCOUNT;
5 B. "PAYROLL CARD ACCOUNT" MEANS AN ACCOUNT THAT IS DIRECTLY OR INDI-
6 RECTLY ESTABLISHED THROUGH AN EMPLOYER AND TO WHICH TRANSFERS OF THE
7 EMPLOYEE'S WAGES, SALARY OR OTHER COMPENSATION ARE MADE; AND
8 C. "PAYROLL CARD ISSUER" MEANS A FINANCIAL INSTITUTION OR OTHER ENTITY
9 THAT ISSUES A PAYROLL CARD TO EMPLOYEES ON BEHALF OF THEIR EMPLOYER.
10 2. IF AN EMPLOYER PAYS WAGES TO EMPLOYEES BY CREDIT TO A PAYROLL CARD:
11 A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, EMPLOYEES
12 MUST BE ABLE TO MAKE AT LEAST ONE WITHDRAWAL OR TRANSFER FROM THE
13 PAYROLL CARD ACCOUNT IN EACH PAY PERIOD WITHOUT CHARGE FOR ANY AMOUNT UP
14 TO AND INCLUDING THE FULL AMOUNT OF THE EMPLOYEE'S WAGES FOR THE PERIOD.
15 B. IF WAGES ARE PAID MORE FREQUENTLY THAN WEEKLY, EMPLOYEES MUST BE
16 ABLE TO MAKE AT LEAST ONE WITHDRAWAL OR TRANSFER EACH WEEK WITHOUT
17 CHARGE FOR ANY AMOUNT UP TO AND INCLUDING THE FULL AMOUNT OF THE EMPLOY-
18 EE'S WAGES FOR THAT WEEK.
19 C. IF AN EMPLOYER COMPLIES WITH THE WITHDRAWAL REQUIREMENTS OF THIS
20 SUBDIVISION AND THE NOTICE REQUIREMENT IN SUBDIVISION FOUR OF THIS
21 SECTION, FEES ASSESSED BY THE PAYROLL CARD ISSUER IN ACCORDANCE WITH
22 SUCH NOTICE SHALL NOT BE DEEMED TO BE DEDUCTIONS FROM WAGES AND SHALL
23 NOT BE DEEMED TO VIOLATE SECTION ONE HUNDRED NINETY-ONE OR ONE HUNDRED
24 NINETY-THREE OF THIS ARTICLE.
25 3. EMPLOYERS WHO USE PAYROLL CARDS TO DELIVER WAGES OR OTHER COMPEN-
26 SATION TO THEIR EMPLOYEES MUST ALSO PROVIDE EMPLOYEES WITH THE OPTION OF
27 RECEIVING THEIR WAGES OR OTHER COMPENSATION BY ELECTRONIC FUND TRANSFER
28 IN ACCORDANCE WITH SECTION ONE HUNDRED NINETY-ONE-C OF THIS ARTICLE. AN
29 EMPLOYER THAT COMPENSATES EMPLOYEES USING ELECTRONIC FUND TRANSFERS AND
30 PAYROLL CARDS ONLY MAY DELIVER WAGES USING A PAYROLL CARD TO ANY EMPLOY-
31 EE WHO FAILS TO AUTHORIZE ELECTRONIC FUND TRANSFERS OR TO DESIGNATE AN
32 ACCOUNT AT A FINANCIAL INSTITUTION TO RECEIVE SUCH TRANSFERS.
33 4. EMPLOYEES WHO RECEIVE WAGES BY CREDIT TO A PAYROLL CARD MUST BE
34 PROVIDED WITH A MEANS OF CHECKING THEIR PAYROLL CARD ACCOUNT BALANCES
35 THROUGH AN AUTOMATED TELEPHONE SYSTEM AND ONE ADDITIONAL ELECTRONIC
36 MEANS, WITHOUT COST IRRESPECTIVE OF NUMBER OF INQUIRIES MADE.
37 5. PRIOR TO PAYING AN EMPLOYEE'S WAGES BY CREDIT TO A PAYROLL CARD, AN
38 EMPLOYER MUST PROVIDE THE EMPLOYEE WITH NOTICE OF THE FOLLOWING ITEMS IN
39 PAPER OR PRINTABLE FORM. NOTICE MUST BE PROVIDED IN THE LANGUAGES THE
40 EMPLOYER NORMALLY USES TO COMMUNICATE EMPLOYMENT-RELATED POLICIES TO
41 THEIR EMPLOYEES'.
42 A. THE TERMS AND CONDITIONS RELATING TO USE OF THE PAYROLL CARD,
43 INCLUDING A LIST OF FEES THAT MAY BE ASSESSED BY THE PAYROLL CARD
44 ISSUER;
45 B. THE METHODS AVAILABLE TO EMPLOYEES FOR ACCESSING WAGES WITHOUT
46 COSTS;
47 C. THE METHODS AVAILABLE TO EMPLOYEES FOR CHECKING THE BALANCE IN THE
48 PAYROLL CARD ACCOUNT WITHOUT COST; AND
49 D. A STATEMENT AS TO WHETHER THIRD PARTIES MAY ASSES ADDITIONAL FEES.
50 6. WAGES CREDITED TO A PAYROLL CARD ACCOUNT MUST BE INSURED BY THE
51 FEDERAL DEPOSIT INSURANCE CORPORATION, THE NATIONAL CREDIT UNION ADMIN-
52 ISTRATION, OR ANOTHER ENTITY ON A PASS THROUGH BASIS TO THE EMPLOYEE.
53 S 4. This act shall take effect on the ninetieth day after it shall
54 have become a law.
