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Latham & Watkins LLP

CFPB Proposes to Designate Earned Wage Access Products as Loans

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Paycheck advance products that are deemed consumer loans under the CFPB’s new proposal would be subject to increased disclosure and regulatory protections....more

DailyPay, Inc.

New Kansas Earned Wage Access Law Is A Win For Employees

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Governor Laura Kelly's recent signing of Kansas House Bill 2560 into law shows increasing bipartisan support for licensing the earned wage access (EWA) industry and safeguarding workers’ access to the service. The new law...more

Payactiv

Democrat Governor Tony Evers Signs Third Earned Wage Access Bill

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On March 21, Wisconsin Democrat Governor Tony Evers signed into law the country’s third earned wage access (EWA) bill, which recognizes EWA as a new and innovative financial service by creating a distinct license and...more

Ballard Spahr LLP

House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing Deadlines

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The current draft of the Tax Relief for American Families and Workers Act of 2024 includes a proposed provision that would dramatically accelerate the deadline to file claims for the Employee Retention Credit (ERC) to January...more

DarrowEverett LLP

How IRS Is Cracking Down on Employee Retention Tax Credit Fraud

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The Internal Revenue Service (“IRS”) has recently devoted great attention to detecting, investigating, and prosecuting fraud, particularly as it relates to the Employee Retention Tax Credit (“ERC”) post-COVID. On a webinar...more

Troutman Pepper

Missouri Becomes Latest State to Establish Regulatory Framework for Earned Wage Access Products

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On July 7, Missouri Governor Mike Parson signed SB 103 into law, which prohibits any person from offering earned wage access (EWA) services without registering with the Division of Finance and paying an annual $1,000 fee. The...more

Littler

Nevada Passes Legislation Creating Licensing Requirements for Earned Wage Access Providers

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On June 15, 2023, Nevada Governor Joe Lombardo signed SB 290, which requires early wage access (EWA) providers to obtain a license from the Commissioner of Financial Institutions. This is the first EWA law enacted by any...more

Lowenstein Sandler LLP

Is It Still Safe To Exchange Wage and Other Compensation-Related Information?

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Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more

Morrison & Foerster LLP

FDIC Bank Receivership Frequently Asked Questions

UPDATE (3/12 PM): U.S. Treasury Uses Systemic Risk Exception to Protect Depositors of Failed Banks and the Federal Reserve Board Establishes New Emergency Facility. Following the failure of Silicon Valley Bank (SVB) on...more

Harris Beach PLLC

Crypto Compensation? Bitcoin Bonus? New York State Employers Must Weigh Requests Carefully

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If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request? You don’t have to work in Silicon Valley or play for the NFL to field this...more

Winthrop & Weinstine, P.A.

Minnesota Frontline Worker Pay: What Employers Need to Do

The Minnesota Frontline Worker Pay Law, also referred to as the “hero pay” law, was signed into law on April 29, 2022, setting forth criteria for eligible COVID-19 frontline workers to receive a one-time bonus payment of up...more

Morrison & Foerster LLP

Paying Employees in Cryptocurrency: Is That Lawful?

In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be...more

Fox Rothschild LLP

Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?

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I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us who advise management did not have enough headaches, this...more

DailyPay, Inc.

Earned Wage Access & the Fintech Fight for Financial Equity

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As Black History Month comes to a close, the relationships between the history of race, poverty, affordable financial services, and modern American life are hard to ignore. Over the past two years, surviving a pandemic has...more

Sherman & Howard L.L.C.

Kronos Outage: Five Things to Do Now if You Are Impacted

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Just as the year is winding down and many HR professionals are looking forward to well-deserved breaks away from work, Kronos announced that it was the victim of ransomware and that UKC Workforce Central, UKG TeleStaff,...more

Fox Rothschild LLP

Lessons for Management from the John Deere Strike

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The John Deere Co. Strike – Sign of the Times? In case you missed it, a major battle between labor and management is playing out in the heartland. On October 14, over 10,000 UAW-represented workers at John Deere Co....more

Pillsbury Winthrop Shaw Pittman LLP

IRS Issues Guidance Related to Executive Order Permitting the Deferral of Employee Social Security Tax during COVID-19 Pandemic

Based on IRS guidance, the deferral is not mandatory. Considering the minimal benefit that the deferral provides to employees, a cost/benefit assessment seems to weigh against offering deferrals. On August 28, the IRS...more

White and Williams LLP

Recent Guidance on Employee Payroll Tax Deferral: Implementation Steps and Employer Discretion

The Internal Revenue Service (IRS) recently issued Notice 2020-65 (Notice), which provides guidance regarding the employee payroll tax deferral that was announced by the White House on the August 8, 2020 (Executive Order)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Issues Instructions on Reporting Emergency Paid Leave Wages

On July 8, 2020, the Internal Revenue Service (IRS) released guidance for employers on reporting qualifying wages paid to employees under the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave...more

Weintraub Tobin

SBA Releases PPP Loan Forgiveness Application

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NOTE: This article has been updated from the original publication on May 18, 2020 to reflect new information provided by the SBA on May 22, 2020. On Friday May 15, 2020, the Small Business Administration (“SBA”) released...more

Littler

Newly Unveiled HEROES Act Includes Grant Program for Employers to Provide Premium Pay to Essential Workers

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In addition to numerous provisions expanding paid leave and unemployment benefits, the newly introduced Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act would create a program enabling employers to...more

White & Case LLP

US IRS Provides Guidance Regarding Employee Retention Tax Credit Under the CARES Act

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Pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"), enacted on March 27, 2020, eligible employers are granted an employee retention tax credit against applicable employment taxes (the...more

Robins Kaplan LLP

Financial Daily Dose 1.10.2020 | Top Story: Ransomware Attack on Travelex Sows Chaos Across Foreign Exchange Sector

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Hackers who targeted airport currency exchange mainstay Travelex in a ransomware attack on New Year’s Eve have alerted British media that they possess 5 GB of sensitive customer data from the company “since gaining access to...more

Littler

Hurricane Irma: 10 Challenges for Employers

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Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Seyfarth Shaw LLP

The future of work: when will I be able to pay employees in Bitcoin?

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We have been watching with close interest the exponential expansion of crypto-currencies. These instruments, such as Bitcoin, Ethereum and Litecoin, are methods of secure, electronic transfer of value between individuals...more

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