Comment Letter to the New York State Department of Labor on its proposed payroll debit card regulations

This letter comments on the New York State Department of Labor’s proposed rule addressing permissible methods of payment, specifically payroll debit cards. The letter supports the Department’s effort to ensure workers’ wages are protected by instituting strong protections for payroll cards. Specifically, the rules would: ensure workers can choose whether to use a payroll card or not; require access to a free and convenient ATM network; enable workers to access all of their wages fee-free each payroll period; and, ban payroll card issuers from charging high fees to use the cards or access wages. The comments suggest that the Department can strengthen the rules by ensuring the available ATM network is local, allowing workers to choose between electronic and paper statements, and specifying that changes for a worker who withdraws consent to receive wages by payroll card occur within two pay periods.