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

On September 7, 2016, the New York State Department of Labor (“NYSDOL”) adopted final regulations (“Final Regulations”) limiting the methods by which New York employers may pay their employees and defining mandatory procedures for the use of direct deposit and payroll debit card payments. The Final Regulations, which closely track earlier proposed regulations, will become effective on March 7, 2017.

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.