Your People Experts

Heard on the Hotline: Pay Cards

Q. Can we require employees to use direct deposit or pay cards if they do not already have their own set up [in Florida]?
A. No, you cannot require the use of direct deposit [in Florida], however you can mandate the use of pay cards [in Florida].
The only exception is that the employee must be able to access all of their funds with no fees.

Florida

Direct Deposit

An employer may pay wages to an employee by direct deposit, so long as the employee has consented to direct deposit in writing and the employee is allowed to select the financial institution with which the payment is deposited. An employer may not discharge, refuse employment to, or take any other adverse employment action against an employee who chooses not to have his or her wages paid by direct deposit. Florida Stat. Chapter 532

Pay Cards

Florida Statue 532.01 Payment by check, draft, or other order for payment.—Any order, check, draft, note, memorandum, payroll debit card, or other acknowledgment of indebtedness issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument or in the payroll debit card issuing materials, and at the time of its issuance, and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer must have sufficient funds or credit, arrangement, or understanding with the drawee for its payment.


Pay Card Laws by State

For additional information regarding specific pay card laws by sate, follow this link.

Direct Deposit Requirements by State

For more payroll training, trips, and news, visit Patriot Software.

Can Employers Make Direct Deposit Mandatory?

 

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EAF provides information about current developments in labor and employment law. This information is intended for educational purposes only and should not be considered legal advice. Questions requiring legal advice should be addressed to the attorney of your choice. EAF members may be able to obtain a legal interpretation through our FREE Legal Hotline.