New York Department of Labor Issues Final Regulations for Direct Deposit and Payroll Debit Cards

Employee Benefit Plan Review February 2017

Susan Gross Sholinsky, Nancy L. Gunzenhauser, Ann Knuckles Mahoney, and Judah L. Rosenblatt, based in the firm’s New York office, authored an article in Employee Benefit Plan Review, titled “New York Department of Labor Issues Final Regulations for Direct Deposit and Payroll Debit Cards.”

Following is an excerpt:

The Final Regulations apply to payment methods for all employees who work in New York State except persons employed in a bona fide executive, administrative, or professional capacity whose earnings exceed $900 per week. Additionally, employees who work on a farm that is not connected with a factory are not covered by the Final Regulations.

The Final Regulations permit employers to pay employees in one of four methods: cash, check, direct deposit, or payroll debit cards. Written notice, consent, and recordkeeping requirements for employers that offer employees the ability to be paid via direct deposit or payroll debit cards are also addressed in the Final Regulations and discussed below.

Read the full, original Act Now Advisory here.