Analysis by the Legislative Reference Bureau
Current law
Under current law, if an employer pays wages in a form other than cash, the
wages must be payable at the employer's office, if within the state, at any bank within
the state, or at a place of business within the county in which the work was
performed.
The bill
Payment of wages by payroll card. This bill regulates the payment of wages
in the form of an electronic fund transfer to a payroll card account, which under
current regulations issued under the federal Electronic Fund Transfer Act, is defined
as an account that is directly or indirectly established through an employer and to
which electronic fund transfers of the consumer's wages, salary, or other employee
compensation (such as commissions) are made on a recurring basis, whether the
account is operated or managed by the employer, a third-party payroll processor, a
depository institution, or any other person (payment of wages by payroll card).
Employee consent required. Specifically, the bill prohibits an employer from
paying an employee his or her wages by payroll card unless all of the following apply:
1. The employer obtains the employee's consent to receive his or her wages by
payroll card. That consent must be given knowingly and voluntarily and not as a
condition of employment, must be given before the performance of the work for which
the employee is receiving wages, and must be affirmed by a written or otherwise
verifiable record maintained by the employer.
2. The employer also offers the employee the option of receiving his or her wages
in cash, in the form of a check, or by means of direct deposit to a depository account
of the employee's choosing.
Disclosure requirements. Before an employer may seek the consent of an
employee to receive his or her wages by payroll card, the employer must provide all
of the following information to the employee:
1. A plain-language description of the employee's options for receiving his or
her wages.
2. A statement of the terms and conditions governing the employer's payment
of wages by payroll card and the employee's use of a payroll card to access those
wages. That statement must include a clear, conspicuous, and easily understandable
list of all fees that may be charged to the employee and the amount of those fees.
Fees. Under the bill, an employer may not pay an employee his or her wages
by payroll card unless the employer, if the employer itself issues payroll cards to its
employees, or a third-party processor, depository institution, or other person
contracted by the employer to issue those cards (payroll card issuer) does all of the
following:
1. Permits the employee to make at least two withdrawals per pay period at no
cost to the employee from an automated teller machine in a network designated by
the payroll card issuer, unless the employee's pay period is weekly, in which case the
payroll card issuer may permit the employee to make only one such withdrawal per
pay period at no cost to the employee.
2. Provides at least one method by which the employee may withdraw his or
her entire wages for each pay period at no cost to the employee.
The bill permits a payroll card issuer to charge a reasonable fee for any
discretionary or optional service that the issuer provides to an employee, except that
a payroll card issuer may not charge an employee a fee for any of the following:
1)
establishing or maintaining a payroll card account or obtaining or holding a payroll
card; 2) a
point-of-sale transaction or any other ordinary transaction; 3) a
low
balance in the employee's payroll card account; 4) a
declined transaction.
; 5)
inactivity or dormancy in the employee's payroll card account; 6) o
ne replacement
payroll card issued in each calendar year; or 7) c
losing a payroll card account or
issuing payment of the remaining balance in a payroll card account by check or any
other means.
Provision of account information. The bill requires a payroll card issuer to
provide all of the following at no cost to an employee:
1. On the employee's one-time written or oral request, a monthly statement
specifying all deposits to, withdrawals from, fees charged to, and other transactions
involving the employee's payroll card account since the date of the last monthly
statement.
2. Two telephone calls from the employee to a live customer service
representative of the payroll card issuer during each pay period.
3. Access to balance or other account information by way of an automated
telephone system and not less than one additional automated option.
No link to credit. The bill prohibits an employer or other payroll card issuer
from linking a payroll card account to any form of credit, including a loan against
future pay, a cash advance on future pay, or any fee-based overdraft protection
program, except that the bill does not prohibit a payroll card issuer from covering an
occasional inadvertent overdraft transaction if there is no charge to the employee.
Change in method of wage payment. The bill permits an employee who is
receiving his or her wages by payroll card to request his or her employer to change
the method by which the employee receives those wages at any time and requires the
employer to honor such a request.
Insured accounts required. Finally, the bill permits an employer to pay an
employee his or her wages by payroll card only if the employee's payroll card account
is insured by the Federal Deposit Insurance Corporation or the National Credit
Union Administration.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB687,1
1Section
1. 103.453 of the statutes is created to read:
AB687,3,2
2103.453 Payroll cards. (1) Definitions. In this section:
AB687,3,33
(a) "Automated teller machine" has the meaning given in s. 134.85 (1) (a).
AB687,3,54
(b) "Payroll card" means a prepaid card or any other code or device through
5which an employer provides an employee with access to his or her wages.
AB687,3,66
(c) "Payroll card account" has the meaning given in
12 CFR 205.2 (b) 2.
AB687,3,117
(d) "Payroll card issuer" means an employer that operates and manages the
8payroll card accounts of its employees and that issues payroll cards to those
9employees or a third-party payroll processor, depository institution, or any other
10person contracted by an employer to operate and manage those accounts and to issue
11those cards.
AB687,3,1212
(e) "Wages" has the meaning given in s. 109.01 (3).
AB687,4,3
1(2) Consent required. An employer may not pay an employee his or her wages
2in the form of an electronic fund transfer to a payroll card account unless all of the
3following apply:
AB687,4,104
(a) The employer, after providing the information specified in sub. (3) to the
5employee, obtains the employee's consent to receive his or her wages in the form of
6an electronic fund transfer to a payroll card account. That consent must be given
7knowingly and voluntarily and not as a condition of employment, must be given
8before the performance of the work for which the employee is receiving wages, and
9must be affirmed by a written or otherwise verifiable record maintained by the
10employer in accordance with s. 104.09.
AB687,4,1311
(b) The employer also offers the employee the option of receiving his or her
12wages in cash, in the form of a time check or other paper under s. 103.45, or by means
13of direct deposit to a depository account of the employee's choosing.
AB687,4,16
14(3) Disclosure. (a) Before an employer may seek the consent of an employee
15to receive his or her wages in the form of an electronic fund transfer to a payroll card
16account, the employer shall provide all of the following information to the employee:
AB687,4,1817
1. A plain-language description of the employee's options under sub. (2) (a) and
18(b) for receiving wages.
AB687,4,2319
2. A statement of the terms and conditions governing the employer's payment
20of wages in the form of an electronic fund transfer to a payroll card account and the
21employee's use of a payroll card to access those wages. That statement shall include
22a clear, conspicuous, and easily understandable list of all fees that may be charged
23to the employee by the payroll card issuer and the amount of those fees.
AB687,5,3
1(b) The employer shall provide the information specified in par. (a) in the
2language that the employer normally uses to communicate employment-related
3information to the employee.
AB687,5,6
4(4) Fees. (a) An employer may not pay an employee his or her wages in the
5form of an electronic fund transfer to a payroll card account unless the payroll card
6issuer does all of the following:
AB687,5,117
1. Permits the employee to make at least 2 withdrawals per pay period at no
8cost to the employee from an automated teller machine in a network designated by
9the payroll card issuer, unless the employee's pay period is weekly, in which case the
10payroll card issuer may permit the employee to make only one such withdrawal per
11pay period at no cost to the employee.
AB687,5,1312
2. Provides at least one method by which the employee may withdraw his or
13her entire wages for each pay period at no cost to the employee.
AB687,5,1514
(b) Except as provided in par. (c), a payroll card issuer may charge a reasonable
15fee for any discretionary or optional service that the issuer provides to an employee.
AB687,5,1716
(c) A payroll card issuer may not charge an employee a fee for any of the
17following:
AB687,5,2018
1. Establishing or maintaining a payroll card account or obtaining or holding
19a payroll card. Fees prohibited under this subdivision include application fees,
20initiation fees, loading fees, participation fees, and maintenance fees.
AB687,5,2121
2. A point-of-sale transaction or any other ordinary transaction.
AB687,5,2222
3. A low balance in the employee's payroll card account.
AB687,5,2323
4. A declined transaction.
AB687,5,2424
5. Inactivity or dormancy in the employee's payroll card account.
AB687,5,2525
6. One replacement payroll card issued in each calendar year.
AB687,6,2
17. Closing a payroll card account or issuing payment of the remaining balance
2in a payroll card account by check or any other means.
AB687,6,4
3(5) Account information. A payroll card issuer shall provide all of the
4following at no cost to an employee:
AB687,6,95
(a) On the employee's one-time written or oral request, a monthly statement
6specifying all deposits to, withdrawals from, fees charged to, and other transactions
7involving the employee's payroll card account since the date of the last monthly
8statement. The employee may choose to receive those monthly statements
9electronically or on paper.
AB687,6,1110
(b) Two telephone calls from the employee to a live customer service
11representative of the payroll card issuer during each pay period.
AB687,6,1612
(c) Access to balance or other account information by way of an automated
13telephone system and not less than one additional automated option, which options
14may include the Internet, any automated teller machine in the network of the payroll
15card issuer, or any other automated system offered in conjunction with the payroll
16card.
AB687,6,21
17(6) No link to credit. No employer or other payroll card issuer may link a
18payroll card account to any form of credit, including a loan against future pay, a cash
19advance on future pay, or any fee-based overdraft protection program. This
20subsection does not prohibit a payroll card issuer from covering an occasional
21inadvertent overdraft transaction if there is no charge to the employee.
AB687,6,25
22(7) Change in method of wage payment. An employee who is receiving his or
23her wages in the form of an electronic fund transfer to a payroll card account may
24request the employer to change the method by which the employee receives those
25wages at any time and the employer shall honor that request.
AB687,7,4
1(8) Insured accounts. An employer may pay an employee his or her wages in
2the form of an electronic fund transfer to a payroll card account only if that account
3is insured by the Federal Deposit Insurance Corporation or the National Credit
4Union Administration.
AB687,7,7
5(9) Actions prohibited. (a) No employer, other payroll card issuer, or other
6person may interfere with, restrain, or deny any right of an employee under this
7section.
AB687,7,118
(b) No employer may discharge or otherwise discriminate against an employee
9for exercising a right specified in par. (a), opposing a practice prohibited under par.
10(a), filing a complaint or attempting to enforce any right under par. (a), or testifying
11or assisting in any action or proceeding to enforce any right under par. (a).
AB687,7,20
12(10) Enforcement. (a) An employee whose rights under this section are
13interfered with, restrained, or denied in violation of sub. (9) (a) or who is discharged
14or otherwise discriminated against in violation of sub. (9) (b) may file a complaint
15with the department, and the department shall process the complaint in the same
16manner as employment discrimination complaints are processed under s. 111.39. If
17the department finds that a violation of sub. (9) (a) or (b) has been committed, the
18department may order the employer to take such action authorized under s. 111.39
19as will remedy the violation. Section 111.322 (2m) applies to a discharge or other
20discriminatory act arising in connection with any proceeding under this paragraph.
AB687,7,2321
(b) An employee who is owed wages or a refund of any fee not authorized under
22sub. (4) may file a wage claim with the department under s. 109.09 (1) or may bring
23an action under s. 109.03 (5) without first filing a wage claim with the department.
AB687,8,3
1(11) Penalty. Any employer, payroll card issuer, or other person who fails to
2comply with this section is subject to a forfeiture of not less than $10 nor more than
3$100.
AB687,2
4Section
2. 106.54 (10) of the statutes is created to read:
AB687,8,75
106.54
(10) The division shall receive complaints under s. 103.453 (10) (a) and
6shall process the complaints in the same manner as employment discrimination
7complaints are processed under s. 111.39.
AB687,3
8Section
3. 109.09 (1) of the statutes is amended to read:
AB687,9,49
109.09
(1) The department shall investigate and attempt equitably to adjust
10controversies between employers and employees as to alleged wage claims. The
11department may receive and investigate any wage claim which is filed with the
12department, or received by the department under s. 109.10 (4), no later than 2 years
13after the date the wages are due. The department may, after receiving a wage claim,
14investigate any wages due from the employer against whom the claim is filed to any
15employee during the period commencing 2 years before the date the claim is filed.
16The department shall enforce this chapter and ss. 66.0903, 103.02,
103.453, 103.49,
17103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
18employer on behalf of the employee to collect any wage claim or wage deficiency and
19ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
20under s. 109.10, the department may refer such an action to the district attorney of
21the county in which the violation occurs for prosecution and collection and the
22district attorney shall commence an action in the circuit court having appropriate
23jurisdiction. Any number of wage claims or wage deficiencies against the same
24employer may be joined in a single proceeding, but the court may order separate
25trials or hearings. In actions that are referred to a district attorney under this
1subsection, any taxable costs recovered by the district attorney shall be paid into the
2general fund of the county in which the violation occurs and used by that county to
3meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
4of the district attorney who prosecuted the action.
AB687,4
5Section
4. 111.322 (2m) (a) of the statutes is amended to read:
AB687,9,96
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
7right under s. 103.02,
103.453, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455,
8103.50, 104.12,
106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599
9or 103.64 to 103.82.
AB687,5
10Section
5. 111.322 (2m) (b) of the statutes is amended to read:
AB687,9,1411
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
12held under or to enforce any right under s. 103.02,
103.453, 103.10, 103.13, 103.28,
13103.32, 103.34, 103.455, 103.50, 104.12,
106.04, 109.03, 109.07, 109.075, or 146.997
14or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB687,6
15Section
6.
Initial applicability.
AB687,9,2016
(1)
Payroll cards; collective bargaining agreements. This act first applies to
17wages paid on the effective date of this subsection, except that this act first applies
18to wages paid to an employee who is affected by a collective bargaining agreement
19that contains provisions inconsistent with this act on the day on which the collective
20bargaining agreement expires or is extended, modified, or renewed.
AB687,7
21Section
7.
Effective date.
AB687,9,2322
(1)
Payroll cards. This act takes effect on the first day of the 4th month
23beginning after publication.
