earned wage access products

Summary

Earned wage access (EWA) programs are an increasingly popular way for employees to access their earned wages before their next scheduled payday.
Implementing an EWA program helps employers attract and retain top talent and reduces employee absenteeism.
Before implementing an EWA program, ensure that any direct deposit arrangements are compliant with your state laws and consider the associated charges for using an EWA service.

In a bid to improve employee retention in the current landscape, employers are turning to advancements in payment technology and alternative payroll processes. One solution that is gaining momentum is earned wage access (EWA), also known as on-demand pay.

Earned wage access programs allow employees early access to parts of their salaries before their scheduled pay period. Unlike payday loans and advances, EWA solutions only grant employees access to money that they have already earned.

Initially a concept that gained popularity in the gig economy, EWA programs have now drawn the attention of employers and employees across all industries. Research shows that access to EWA has become a priority for job seekers around the country.

From small businesses to large corporations, there are a number of things to consider before adding EWA as an employee benefit to your retention strategy. Employers must understand the different EWA models out there as well as the common features across EWA providers, integrating it into their payroll system and remaining in line with any regulatory requirements.

The two types of EWA models

Earned wage access products generally require employees to download a mobile app that they will later use to gain on-demand access to their salaries. These advances are paid directly into the employees’ account or to a dedicated pay card. EWA products function in one of two ways.

Employer-sponsored – In these cases, the employer contracts an EWA service provider and integrates it directly into their own payroll system using an API. In these models, the employer pays a flat rate for the use of the service.
Direct-to-consumer – Here, an agreement is set up directly between the employee and the EWA provider. The employee receives funds directly into their account and is charged a transaction fee each time a withdrawal is made.

The 4 main features of an EWA service

Although there are differences between earned wage access services, there are four core features that are common in any solution out there.

The funding of EWA – The capital for granting employees access to their funds usually comes directly from the EWA provider. The service provider pays through their own available funds or through a debt facility. The service provider verifies that the funds are, in fact, available through an integration with the employer’s payroll provider.
Disbursement methods – There are various ways that funds are distributed to employees: Direct deposit, a pre-allocated bank account that the employee sets up through the EWA provider, or a prepaid card.
Method of payment collection by EWA provider – The vendor is usually repaid directly from the upcoming pay cycle.
The time it takes a payment to reach the employee – This varies depending on the method used:

- Direct deposit – the next business day
- Prepaid or debit cards – takes up to 48 hours
- Bank transfers – instant but can carry a fee
- EWA vendor-provided bank accounts – free and instant

Benefits of earned wage access for employees

Earned wage access has gained popularity with employees over the last few years as a great way to ease the financial stress of trying to survive between paychecks. Rising inflation over the past few years continues to worsen as experts believe that we are hurtling toward a cost of living crisis. Forty-one percent of employees have received pay raises this year. Of these, only 28% claim to have received a raise higher than the current inflation rate.

Webinar: How to Navigate the Inflation Crisis

One study found that the reasons for utilizing EWA varied between employees from different age groups. Gen Z workers tend to use it to pay for everyday expenses like groceries or make loan or rent payments. It reduces the stress of not having the cash flow available until the next payday.

Millennials also used EWA to cover family-related expenses, bills, and unexpected expenses related to vehicle maintenance. Gen X and boomers rely on EWA for family expenses, bills, and groceries but also use it to cover any emergency medical expenses. Either way, EWA has broad appeal across all age groups.

The COVID-19 pandemic and the uncertainty that followed meant that more people started to prioritize building up a financial safety net. Earned wage access makes this easier to do. Unlike payday loans and advances, employees are less likely to accumulate debt from high-interest rates and overdraft fees.

Benefits of earned wage access for employers

Signing up for an EWA program means more work for your human resources team, but the benefits of offering your employees more flexible access to their paychecks could outweigh the effort required.

Employees continue to struggle with inflation and trying to keep up with the high costs of living. Research shows that 78% of employees are seeking alternative employment in hopes of achieving better financial well-being.

Webinar: How to Stop Employee Turnover

By offering your staff the option of EWA and contributing to their financial wellness, you are more likely to attract top talent. In fact, 76% of employees agree that it is important for employers to offer EWA. Besides attracting talent, looking out for your staff’s financial health through EWA helps you improve your employee retention.

A lack of financial well-being is a major cause of stress for many employees. Furthermore, stress is the third-leading cause of long-term workplace absence and the fourth cause of short-term absence. Improving this situation means your employees will also be more present at work.

What to consider before implementing an EWA program

When looking at integrating an EWA program into your company, there are two things to consider: the associated fees for you or your employees and the legal implications of doing so based on where you are based.

It is important to understand your state’s direct deposit laws. Some states only allow employers to pay via direct deposit when the employee gives their consent through a written agreement. If the EWA program you have signed up for requires a separate bank account to be set up, this might not be applicable within that agreement. You may need to obtain additional written authorization to ensure compliance with laws and regulations.

The charges associated with EWA programs vary from one provider to another. Some involve charging employers a flat fee, while others charge employees per transaction. Before contracting an EWA service provider, you need to budget for any charges you will absorb or analyze whether or not your staff are willing to pay transaction fees themselves.

A successful EWA program begins with accurate timekeeping

If you are going to offer EWA, you need to ensure that the wages employees have access to are accurate as soon as they are recorded. After all, fixing pay errors is much harder when employees have already spent their money. With automated time and attendance software, you can record accurate timesheets in real-time before they even reach your payroll or EWA system. This way, you can give your employees immediate access to their funds with peace of mind.

Workforce.com’s time and attendance is also synced with an employee scheduling system, meaning you can see wage and hour variances in real-time and on timesheets. With this visibility, you’ll be able to immediately catch where and when an employee’s pay doesn’t match up to their scheduled hours.

To find out more about how to lock in accurate wages BEFORE employees get access to them, check out our whitepaper on timekeeping below, or get in touch with us today.

The Practical Guide to Time and Attendance

Nearly 40 percent of Americans struggle to cover an unexpected $400 expense, according to a 2019 report by the Federal Reserve.

Earned wage access products, or EWAPs, offer a potential solution to this problem by allowing employees to be paid in real time for the hours the employee has already worked, instead of waiting until payday to receive payment. Each EWAP employs a different system for advancing earned wages and recouping those amounts from the employer.

The majority of EWAPs require employees to download an application on their phone, through which employees can request an advance on their earned wages. The advance on the employee’s paycheck is typically paid to the employee by depositing the funds into an account or loading it onto a payroll card. This advance is then deducted from the employee’s next paycheck, along with any applicable fees.

Explaining the EWAP models

There are two distinct EWAP models: employer-sponsored and direct-to-consumer. In an employer-sponsored model, the employer directly contracts with the EWAP application provider and the EWAP application is integrated into the employer’s payroll systems. Examples of employer-sponsored EWAP applications include Instant, DailyPay and Earnin. In the direct-to-consumer model, the EWAP provider offers services directly to the employee and recoups advanced funds directly from the employee’s bank accounts after the employee gets paid.

EWAPs provide employees with greater flexibility to use their paychecks in a manner that fits their financial needs. Employees can meet unexpected expenses without resorting to overdrafts, high interest credit cards or payday loans.

By offering EWAPs as part of their benefit packages employers can help curb employee financial stress, which can lower employee absenteeism and potentially increase employee productivity and employee retention. Companies including Walmart and McDonald’s offer EWAP options to its employees.

State, federal oversight of EWAPs

Due to the nascency of EWAPs, there is little regulation at either the state or federal levels. Regardless, employers considering EWAPs as part of their benefit packages must carefully evaluate whether the EWAP implicates wage laws that an employer must comply with.

For instance, employers considering EWAPs that deposit an employee’s earned wages into an account set up by the EWAP provider could run afoul of state direct deposit laws.

Most states, such as New York and California, only permit employers to pay wages by direct deposit with the written consent of the employee. Employee authorizations allowing direct deposits of wages into an employee’s bank account may not extend to the deposit of funds into a separate EWAP provider created account. Accordingly, employers should consider obtaining additional written authorizations from employees to deposit their earned wages into an EWAP account to ensure compliance with applicable direct deposit laws.

Potential for additional fees

As an alternative to direct deposit, employers also have the option to utilize EWAPs that deposit an employee’s earned wages onto payroll cards. Employers should be wary of any transaction or loading fees imposed on an employee by the EWAP provider or the third-party payroll card issuer. This is because many states, such as California, require employees paid via a payroll card to have access to their full wages without any fees. In other states, such as Minnesota, while employers are prohibited from charging an employee any participation or loading fees to receive wages, EWAP providers may charge employees transaction fees to access their earned wages. In such circumstances, the employer should provide the employee with a written disclosure upfront stating the terms and conditions of the payroll card option, including a complete itemized list of all fees that may be deducted from the employee’s payroll card account. Alternatively, in order to avoid this potential issue altogether, employers should consider paying all such fees instead of the employee, if possible.

Most EWAP providers charge a monthly membership fee ranging from $5 to $8 a month or a per transaction fee ranging from $1.99 to $3.99 per transfer, which are either paid by the employer or the employee. These fees are typically deducted from an employee’s paycheck, along with the advanced wages. Generally, an employer may not deduct or withhold any part of an employee’s wages without employee authorization. Albeit nominal, membership and transaction fees may be considered as wage deductions. As a result, employers should consider paying any such fees on behalf of its employees, or obtain written authorization from its employees allowing EWAP providers to directly charge the employee any fees, in order to comply with wage deduction requirements.

Wage assignment laws

Moreover, EWAPs that require employers to transfer an employee’s earned wages into an account set up by the EWAP provider may also implicate assignment laws. Wage assignments are prohibited in some states and regulated to varying degrees in others. Some states require specific authorizations or significantly limit how much money an employee can assign to a third party.

In California, no more than 50 percent of the employee’s wages may be assigned at the time of the payment of wages, and the wage assignment must be notarized, and include written consent of the employee’s spouse if married. This is an important consideration for employers, as wage assignment laws vary from state to state.

As more employers offer EWAPs as part of their benefit packages, it is imperative that employers closely examine the particular EWAP’s payment structure in order to understand the benefits and legal risks of the application. At a minimum, employers should consider paying all transaction fees and obtain any relevant authorizations so as to not infringe on any state-specific wage laws.

Employers should also assess whether EWAPs implicate state and federal consumer protection, data security and privacy laws. Given that there is little current regulation on the use of such products, employers should insist on limitation of liability and indemnification clauses while negotiating contracts with EWAP providers to ensure that they will not be liable for any legal issues implicated by EWAPs in the future.

Avoid added expenses due to data entry errors and payroll oversights. Integrate your payroll system with Workforce.com’s platform for automated timesheet exports and calculations, allowing you to stay on top of your wage costs.

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What is Earned Wage Access (EWA)? A Few Considerations