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  • Mandating Direct Deposit

    This is a very time sensitive matter... I would so appreciate the help of anyone who can tell me or point me to where I may determite what states allow for mandatory direct deposit of wages for employeees and which do not. Also, it is my understanding that some states may allow you to offer direct deposit or a debit or atm card as an option for electronic pay and this would exclude them from the "mandating direct deposit" rule because they are offering an option. Help please.

  • #2
    Direct Deposit of Payroll

    Unfortunately, I don't know of a free source of that information. I believe that you'll need to look up every state. However, the APA has a survey of direct deposit practices at: http://www.americanpayroll.org/pdfs/...esults0212.pdf
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      thanks

      thanks for your help. I did find a list of rules by individual state. This was exactly what I was looking for, yet I looked at the properties on the pdf file and it had been last updated in 2002.
      We called the company that owns the website and had the chance to chat with the owner who indicated that these laws do not change very freequently and should be ok to use as a guide. If you would like to have a copy of the document, I will be glad to send it to you. Once again, thanks for your help.

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      • #4
        Direct Deposit of Payroll

        Please do send me the link. I would love to look at it. Thanks for the offer.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Direct deposit Mandatory in SC??

          I just encountered the same situation that I see has been discussed before here. I was hired through a temporary agency, and I signed a form stating my hourly wage, but not my time or place of payment. I called my employer yesterday to find out where to pick up my check next Friday, or if it would be mailed. I was told that they will mail my check to me for up to a month, but that their policy was "MANDATORY DIRECT DEPOSIT." They do offer the ATM card that I saw someone mention earlier, but that would cost me $6.95 a month to have, and I would be charged every time I used an ATM.
          I have been reading South Carolina's Payment of Wages Law and it states that first of all....I was supposed to be told at the time of being hired of the time and place of payment. (this was never mentioned to me...or I wouldnt be working there)
          It also states that "Every employer in the state shall pay all wages due in lawful United States money or by negotiable warrant or check bearing even date with the payday. B) An employer MAY deposit all wages to an employee's credit at a financial institution.......etc."
          So, to me, this law is saying that I have the OPTION of receiving a check or to get direct deposit....correct?
          If anything though, my employer violated this law regardless for not giving me this information when I was hired. I have already writtena letter to the SC Dept of Labor regarding this. My employer told me that if I did not get direct deposit, or THEIR little ATM rip-off that I would be fired.
          I am very interested in hearing any opinions or advice on my situation.
          Also, I would that link that the person was referring to a couple posts back.

          Thanks!

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          • #6
            See my response on the other thread.
            http://www.laborlawtalk.com/showthre...890#post433890
            Last edited by Pattymd; 11-20-2005, 01:08 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              list from website

              Originally posted by CCook
              thanks for your help. I did find a list of rules by individual state. This was exactly what I was looking for, yet I looked at the properties on the pdf file and it had been last updated in 2002.
              We called the company that owns the website and had the chance to chat with the owner who indicated that these laws do not change very freequently and should be ok to use as a guide. If you would like to have a copy of the document, I will be glad to send it to you. Once again, thanks for your help.
              hi i would like to get that list please.
              can you send me a copy?
              thx

              Comment


              • #8
                If you look at the date you will see that the original post is from over a year ago. The poster who had the list is long gone.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  State by State Direct Deposit Laws

                  I work for a mortgage lending company in Florida and the company is considering implementing a mandatory direct deposit policy, which I have been tasked with doing the research. After searching the Internet for several days, I have been unable to locate a site that provides free information on this subject. I read on your website where one of your readers mentioned he/she had located a PDF list with state by state information. How/where can I locate this information? Please help.

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                  • #10
                    This site I believe

                    Originally posted by LConnell View Post
                    Unfortunately, I don't know of a free source of that information. I believe that you'll need to look up every state. However, the APA has a survey of direct deposit practices at: http://www.americanpayroll.org/pdfs/...esults0212.pdf
                    (S)he was thanking the Moderator for posting this link.
                    What is veiwed is not always what is seen and
                    what is heard is not always what is spoken!
                    ~M. Noitall~

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                    • #11
                      Okay, let me try again to make this clear since evidently no one is paying attention.

                      This thread originated in 2005. The former moderator, Lillian Connell, who provided the initial link, has not participated on LLT for coming up on two years.

                      I just checked the link in question and it was last updated in 2003. I know for absolutely certain that at least one and possibly more states have changed their rulings on this subject since then.

                      A current poster, Robb, provided more up to date information a few months ago. This is the most up to date list I have available.

                      http://www.laborlawtalk.com/showthre...osit+mandatory

                      Now, let's close this out-of-date thread and the next person who has a question about direct deposit will just have to start their own.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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