April 18, 2022
West Virginia law relaxes restriction on employer use of payroll card accounts for the payment of wages
On March 23, 2022, West Virginia Governor Jim Justice approved S.B. 245, which, effective June 9, 2022, eases the restrictions governing the use of payroll cards for the payment of wages.
Specifically, the requirement that employees provide their written consent for the payment of wages through a payroll card is removed. Instead, employers compensating employees through a payroll card account are required to provide to those employees a full written disclosure of any applicable fees associated with the payroll card.
If an employee does not provide the financial institution, type of account, and account number for the direct deposit of wages, the employer may pay such employee through a payroll card account.
The law defines a "payroll card account" as an account in a federally insured depository institution that is directly or indirectly established through an employer and to which electronic fund transfers of the employee's wages, salary, commissions, or other compensation are made on a recurring basis, whether the account is operated or managed by the employer, a third person payroll processor, a depository institution, or another person. "Payroll card" means a card, code, or combination thereof or other means of access to an employee's payroll card account, by which the employee may initiate electronic fund transfers or use a payroll card to make purchases or payments.
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