New York S 60: Clarifies methods for the payment of wages and authorizes the payment of wages by use of payroll cards

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S00060 Summary:

BILL NOS00060 

&nbsp

SAME ASNo Same As

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SPONSORGALLIVAN

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COSPNSR

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MLTSPNSR

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Amd §192, add §192-a, Lab L

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Clarifies methods for the payment of wages; authorizes the payment of wages by use of payroll cards.

Go to top S00060 Actions:

BILL NOS00060 

&nbsp

01/08/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS00060 Committee&nbspVotes:

Go to topS00060 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00060 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 60

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed 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 § 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 or electronic authorization in advance to receive
 19 wages in this manner; or
 20 d. by credit to a payroll card account in accordance with section one
 21 hundred ninety-two-a of this article, provided that the employee volun-
 22 tarily gives written or electronic authorization in advance to receive
 23 wages in this manner.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00376-01-5

 S. 60 2

 1 § 3. The labor law is amended by adding a new section 192-a to read as
 2 follows:
 3 § 192-a. Payment of wages using payroll cards. 1. As used in this
 4 section:
 5 a. "payroll card" means a prepaid card used by an employee to access
 6 wages from a payroll card account;
 7 b. "payroll card account" means a prepaid account that is directly or
 8 indirectly established through an employer and to which transfers of the
 9 employee's wages, salary or other compensation are made; and
 10 c. "payroll card issuer" means a financial institution or other entity
 11 that issues a payroll card to employees on behalf of their employer.
 12 2. Consent to receive wages by credit to a payroll card account shall
 13 not be made a condition of hire or a condition of continued employment.
 14 3. A payroll card program offered by an employer shall be associated
 15 with a network of automated teller machines that assures the availabili-
 16 ty of a substantial number of in-network ATMs in the state.
 17 4. If an employer pays wages to employees by credit to a payroll card:
 18 a. Except as provided in paragraph b of this subdivision, employees
 19 must be able to make at least one withdrawal or transfer from the
 20 payroll card account in each pay period without charge for any amount up
 21 to and including the full amount of the employee's net wages for the
 22 period and one withdrawal at an in-network ATM each week without charge.
 23 b. If wages are paid more frequently than weekly, employees must be
 24 able to make at least one withdrawal or transfer each week without
 25 charge for any amount up to and including the full amount of the employ-
 26 ee's net wages for that week and one withdrawal at an in-network ATM
 27 each week wi