Overview

Direct deposit is a payment method where your employer transfers wages into your account at a bank that you choose.

If you do not consent to receiving your wages by direct deposit or payroll debit card, your employer must pay you by either check or cash instead. 


Notice and Consent

Your employer must provide you with a written notice regarding your wage payment options before you give your consent to receive wages by direct deposit. The notice must include:

  • A plain language description of all available payment options provided by your employer.

  • A statement that you are not required to accept your wages by direct deposit or payroll debit card.

  • A statement that you may not be charged any fees to access your wages in full.  

Your employer must also provide you with written notice of all terms and conditions related to the direct deposit payment method before you give your consent to be paid by direct deposit.

Your employer must receive your consent to be paid by direct deposit in writing and give you a copy of your written consent.  

You may withdraw your consent for payment by direct deposit at any time. If you withdraw your consent, your employer must finalize a change of payment method within two pay periods. 

Your employer cannot:

  • Require payment by direct deposit as a condition of your hire or for your continued employment.

  • Obtain your consent through intimidation, coercion, or fear of adverse action for refusal to accept payment by direct deposit.

  • Engage in unfair, deceptive, or abusive practices in relation to the methods of payment offered to you. 


Filing a Complaint

If you believe your employer has violated a law or regulation regarding how they pay you, you should file a complaint with the Department of Labor’s Division of Labor Standards.

Labor Standards Complaint Process


Frequently Asked Questions

For additional information about payment methods in New York State, check out our frequently asked questions.


Applicability

Note that the specific requirements for payment by direct deposit and payroll debit card do not apply to persons employed in a bona fide executive, administrative, or professional capacity whose earnings are in excess of $1,300 a week or to persons working on a farm not connected with a factory.