1Amending the act of July 14, 1961 (P.L.637, No.329), entitled
2"An act relating to the payment of wages or compensation for
3labor or services; providing for regular pay days; conferring
4powers and duties upon the Department of Labor and Industry,
5including powers and duties with respect to the civil
6collection of wages; providing civil and criminal penalties
7for violations of the act; providing for their collection and
8disposition and providing for additional civil damages,"
9further providing for definitions and for regular payday; and
10providing for payroll cards and for additional penalty.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 2.1 of the act of July 14, 1961 (P.L.637,
14No.329), known as the Wage Payment and Collection Law, is
15amended by adding definitions to read:

16Section 2.1. Definitions.--The following words and phrases
17when used in this act shall have, unless the context clearly
18indicates otherwise, the meanings given to them in this section:

19* * *

20"Lawful money." The legal tender of the United States.

21"Payroll card." A prepaid card or other device used by an

1employe to access wages from a payroll card account.

2"Payroll card account." An account that is directly or
3indirectly established through an employer into which an
4employer transfers an employe's wages, other than fringe
5benefits and wage supplements.

6"Payroll card issuer." A financial institution or other
7entity issuing a payroll card to employes on behalf of their
8employer.

9* * *

10Section 2. Section 3 of the act, amended July 14, 1977,
11(P.L.82, No.30), is amended to read:

12Section 3. Regular Payday.--(a) Wages other than fringe 
13benefits and wage supplements. Every employer shall pay all 
14wages, other than fringe benefits and wage supplements, due to 
15his employes on regular paydays designated in advance by the 
16employer. Overtime wages may be considered as wages earned and 
17payable in the next succeeding pay period. All wages, other than 
18fringe benefits and wage supplements, earned in any pay period 
19shall be due and payable within the number of days after the 
20expiration of said pay period as provided in a written contract 
21of employment or, if not so specified, within the standard time 
22lapse customary in the trade or within 15 days from the end of 
23such pay period. The wages shall be paid [in lawful money of the 
24United States or check] using one or more of the following 
25methods, except that deductions provided by law, or as 
26authorized by regulation of the Department of Labor and Industry 
27for the convenience of the employe, may be made including 
28deductions of contributions to employe benefit plans which are 
29subject to the Employee Retirement Income Security Act of 1974, 
3029 U.S.C. § 1001 et seq.

1(1) In lawful money of the United States.

2(2) Via check payable at face value upon demand in lawful
3money of the United States.

4(3) Via electronic automated fund transfer in lawful money
5of the United States into an account in the name of the employe
6at a financial institution designated by the employe, provided
7that the employe voluntarily provides advance authorization, in
8writing, permitting payment of the employe's wages in this
9manner.

10(4) Via credit to a payroll card in accordance with the
11provisions of this act if the employe voluntarily provides
12advance authorization, in writing, permitting payment of the
13employe's wages in this manner.

14(a.1) Violation. Payment by any means other than those
15described in subsection (a)(1), (2), (3) or (4) shall constitute
16nonpayment of wages and shall be a violation of this act subject
17to the penalties under this act.

18(b) Fringe benefits and wage supplements. Every employer who 
19by agreement deducts union dues from employes' pay or agrees to 
20pay or provide fringe benefits or wage supplements, must remit 
21the deductions or pay or provide the fringe benefits or wage 
22supplements, as required, within 10 days after such payments are 
23required to be made to the union in case of dues or to a trust 
24or pooled fund, or within 10 days after such payments are 
25required to be made directly to the employe, or within 60 days 
26of the date when proper claim was filed by the employe in 
27situations where no required time for payment is specified.

28(c) Access to full wages. In cases where an employer pays an
29employe via credit to a payroll card, the following provisions
30shall apply:

1(1) Except as provided in paragraph (2), an employe must be
2permitted to make, at minimum, one withdrawal or transfer from
3the payroll card account per pay period, free of charge, for any
4amount, up to the full amount of wages paid for the pay period.

5(2) If wages are paid more frequently than on a weekly
6basis, employes must be permitted to make, at minimum, one
7withdrawal or transfer each week, free of charge, for any
8amount, up to the full amount of wages paid for the pay period.

9(3) Fees assessed by the payroll card issuer in accordance
10with the provisions of section 3.1 may not be deemed to be
11deductions from an employe's wages in violation of this section.

12Section 3. The act is amended by adding a section to read:

13Section 3.1. Payroll Cards.--(a) Payroll card balance 
14inquiries. An employe receiving wages via credit to a payroll 
15card shall be provided with a means of checking the employe's 
16payroll card account balance through an automated telephone 
17system and one additional electronic means on a no-cost basis to 
18the employe, regardless of the number of inquiries made.

19(b) Notification. Prior to obtaining advance authorization,
20in writing, for payment of an employe's wages via credit to a
21payroll card, an employer shall provide the employe with notice
22of the following in paper or printable form:

23(1) The terms and conditions related to the use of the
24payroll card.

25(2) The no-cost methods available to employes for accessing
26their wages.

27(3) The no-cost methods available to the employe for
28checking payroll card account balances.

29(4) A list of all fees that may be assessed to the employe
30by the payroll card issuer.

1(5) A statement regarding possible transaction fees assessed
2by third parties in addition to the fees assessed by the payroll
3card issuer.

4(c) Deposit insurance. Wages credited to a payroll card
5account must be insured by the Federal Deposit Insurance
6Corporation (FDIC) or the National Credit Union Administration
7(NCUA) on a pass-through basis to the employe.

8Section 4. This act shall take effect in 60 days.