A paycard program lets an employer pay wages onto a reloadable prepaid card instead of issuing a paper check. The main benefits are lower check-processing costs, fewer lost and replacement checks, and faster access to pay for employees who do not have a bank account. The main condition is that paycards must be offered as a choice, not imposed, and employees must be able to get their full wages without fees eating into them.
The employer contracts with a card program provider, usually a bank or a processor working with one. On payday, the employer funds the program account the same way it funds direct deposit, and each enrolled employee's net pay is loaded to their card. Employees use the card at ATMs, at point-of-sale terminals, and often online, and many programs let them transfer funds to a bank account or pay bills.
From payroll's point of view, a paycard behaves much like direct deposit: an electronic transfer on a known date. The difference is that the employee does not need their own account at a bank.
Paycard programs sit at the intersection of wage-payment law and consumer financial law. Three principles apply almost everywhere.
Federal consumer financial rules for payroll card accounts prohibit employers from requiring employees to receive wages on a card at a particular financial institution as a condition of employment. Employees must be offered at least one other way to be paid — typically direct deposit to an account of their choosing or a paper check. Enrollment should be a documented, voluntary choice.
Under the FLSA, minimum wage and required overtime must be paid finally and unconditionally. If fees charged to use the card effectively reduce an employee's pay below what the law requires, the employer has a problem even though the provider charged the fee. A compliant program gives employees at least one way to access their full net pay each pay period at no cost.
Payroll card accounts are covered by federal electronic fund transfer rules, which require the provider to give fee disclosures before the employee chooses the card, along with error-resolution rights and periodic account information. Most of this is handled by the provider, but the employer is responsible for making sure employees receive the disclosures before they sign up.
Many states regulate paycards directly, and their rules are not uniform. Depending on the state, you may find requirements for written or affirmative employee consent, limits on which fees can be charged, a minimum number of free withdrawals per pay period, access to a free ATM network within a reasonable distance, the right to switch payment methods on notice, and specific notices at enrollment. A few states restrict paycard use more tightly than others.
Because these rules change and vary by state, confirm the current law in each state where you have employees before launching or expanding a program, and make sure your provider's fee schedule meets the strictest state in your footprint. Our state HR law pages, such as California and New York and New Jersey, are a starting point for where to look.
No. Federal rules prohibit making a particular payroll card a condition of employment, and employees must be offered another payment method. Some states add consent requirements on top.
Program fees paid by the employer are a business cost. Fees charged to employees are set by the provider and limited by federal and state rules; employees must have a way to access full wages without cost.
Both are electronic payments, but direct deposit goes to an account the employee already holds. A paycard is an account set up through the employer's program.
It remains the employee's money. Dormant balances may eventually become subject to state unclaimed property laws, so agree with your provider how they are tracked and reported.
See about payroll administration, and the final paychecks webinar for how payment method interacts with final-pay deadlines. For the wider payment picture, the Paycheck Fundamentals training and certification program and the unclaimed paychecks webinar cover payment methods and escheat, and the Certified Payroll Administrator program covers payroll operations end to end.
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