| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to commerce; regulating earned wage access services; proposing coding |
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| 3 | 3 | | 1.3 for new law in Minnesota Statutes, chapter 47. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. [47.86] EARNED WAGE ACCESS SERVICES. |
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| 6 | 6 | | 1.6 Subdivision 1.Definitions.For purposes of this section, the following terms have the |
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| 7 | 7 | | 1.7meanings given. |
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| 8 | 8 | | 1.8 (a) "Consumer" means an individual who resides in Minnesota. |
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| 9 | 9 | | 1.9 (b) "Consumer-directed wage access services" means delivering to a consumer access |
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| 10 | 10 | | 1.10to earned but unpaid income that is based on the consumer's representations and the provider's |
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| 11 | 11 | | 1.11reasonable determination of the consumer's earned but unpaid income. |
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| 12 | 12 | | 1.12 (c) "Earned but unpaid income" means salary, wages, compensation, or other income |
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| 13 | 13 | | 1.13that a consumer or an employer represents and that a provider reasonably determines: (1) |
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| 14 | 14 | | 1.14has been earned or accrued to the benefit of the consumer in exchange for the consumer |
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| 15 | 15 | | 1.15providing services to the employer or on behalf of the employer, including (i) on an hourly, |
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| 16 | 16 | | 1.16project-based, piecework, or other basis, and (ii) in circumstances in which the consumer |
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| 17 | 17 | | 1.17acts as an employer's independent contractor; and (2) has not been paid to the consumer by |
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| 18 | 18 | | 1.18the employer at the time the proceeds are paid. |
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| 19 | 19 | | 1.19 (d) "Earned wage access services" means providing consumer-directed wage access |
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| 20 | 20 | | 1.20services, employer-integrated wage access services, or both. |
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| 21 | 21 | | 1Section 1. |
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| 22 | 22 | | REVISOR RSI/DD 25-0375703/17/25 |
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| 23 | 23 | | State of Minnesota |
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| 24 | 24 | | This Document can be made available |
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| 25 | 25 | | in alternative formats upon request |
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| 26 | 26 | | HOUSE OF REPRESENTATIVES |
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| 27 | 27 | | H. F. No. 2874 |
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| 28 | 28 | | NINETY-FOURTH SESSION |
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| 29 | 29 | | Authored by Kresha, Huot, Kotyza-Witthuhn and Myers03/26/2025 |
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| 30 | 30 | | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 (e) "Earned wage access services provider" or "provider" means a person that is in the |
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| 31 | 31 | | 2.2business of providing earned wage access services to consumers. Earned wage access |
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| 32 | 32 | | 2.3services provider does not include: |
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| 33 | 33 | | 2.4 (1) a service provider, including but not limited to a payroll service provider, whose role |
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| 34 | 34 | | 2.5may include verifying the available earnings but is not contractually obligated to fund any |
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| 35 | 35 | | 2.6proceeds delivered as part of an earned wage access service; or |
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| 36 | 36 | | 2.7 (2) an employer that offers a portion of salary, wages, or compensation directly to the |
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| 37 | 37 | | 2.8employer's employees or independent contractors before the normally scheduled pay date. |
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| 38 | 38 | | 2.9 (f) "Employer" means a person who employs a consumer or other person and who is |
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| 39 | 39 | | 2.10contractually obligated to pay a consumer earned but unpaid income in exchange for the |
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| 40 | 40 | | 2.11consumer providing services to the employer or on behalf of the employer, including: (1) |
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| 41 | 41 | | 2.12on an hourly, project-based, piecework, or other basis; and (2) in circumstances in which |
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| 42 | 42 | | 2.13the consumer acts as an independent contractor with respect to the employer. Employer |
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| 43 | 43 | | 2.14does not include a customer of an employer or other person whose obligation to make a |
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| 44 | 44 | | 2.15payment of salary, wages, compensation, or other income to a consumer is not based on the |
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| 45 | 45 | | 2.16provision of services by that consumer for or on behalf of the person. |
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| 46 | 46 | | 2.17 (g) "Employer-integrated wage access services" means delivering to a consumer access |
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| 47 | 47 | | 2.18to earned but unpaid income that is based on employment, income, or attendance data |
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| 48 | 48 | | 2.19obtained directly or indirectly from an employer or an employer's payroll service provider. |
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| 49 | 49 | | 2.20 (h) "Fee" means: (1) a fee imposed by a provider for delivery or expedited delivery of |
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| 50 | 50 | | 2.21proceeds to a consumer; or (2) a subscription or membership fee imposed by a provider for |
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| 51 | 51 | | 2.22a bona fide group of services that include earned wage access services. Fee does not include |
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| 52 | 52 | | 2.23a voluntary tip, gratuity, or other donation. |
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| 53 | 53 | | 2.24 (i) "Outstanding proceeds" means proceeds remitted to a consumer by a provider that |
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| 54 | 54 | | 2.25have not yet been repaid to the provider. |
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| 55 | 55 | | 2.26 (j) "Proceeds" means a payment to a consumer by a provider that is based on earned but |
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| 56 | 56 | | 2.27unpaid income. |
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| 57 | 57 | | 2.28 Subd. 2.Requirements and prohibitions.(a) A provider must: |
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| 58 | 58 | | 2.29 (1) develop and implement policies and procedures to respond to questions raised by |
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| 59 | 59 | | 2.30consumers and address complaints from consumers in an expedient manner; |
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| 60 | 60 | | 2.31 (2) whenever the provider offers a consumer the option to receive proceeds for a fee, or |
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| 61 | 61 | | 2.32solicits an optional tip, gratuity, or other donation, offer to the consumer at least one |
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| 62 | 62 | | 2Section 1. |
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| 63 | 63 | | REVISOR RSI/DD 25-0375703/17/25 3.1reasonable option to obtain proceeds at no cost to the consumer and clearly explain how to |
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| 64 | 64 | | 3.2elect the no-cost option; |
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| 65 | 65 | | 3.3 (3) before entering into an agreement with a consumer to provide earned wage access |
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| 66 | 66 | | 3.4services: |
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| 67 | 67 | | 3.5 (i) inform the consumer of the consumer's rights under the agreement; and |
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| 68 | 68 | | 3.6 (ii) clearly and conspicuously disclose all fees associated with the earned wage access |
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| 69 | 69 | | 3.7services; |
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| 70 | 70 | | 3.8 (4) inform the consumer of any material changes to the terms and conditions of the |
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| 71 | 71 | | 3.9earned wage access services before implementing the changes; |
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| 72 | 72 | | 3.10 (5) allow the consumer to cancel use of the provider's earned wage access services at |
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| 73 | 73 | | 3.11any time without incurring a cancellation fee imposed by the provider; |
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| 74 | 74 | | 3.12 (6) comply with all applicable local, state, and federal privacy and information security |
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| 75 | 75 | | 3.13laws; |
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| 76 | 76 | | 3.14 (7) if the provider solicits, charges, or receives a tip, gratuity, or other donation from a |
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| 77 | 77 | | 3.15consumer: |
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| 78 | 78 | | 3.16 (i) clearly and conspicuously disclose to the consumer immediately prior to each |
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| 79 | 79 | | 3.17transaction that a tip, gratuity, or other donation amount may be zero and is voluntary; and |
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| 80 | 80 | | 3.18 (ii) clearly and conspicuously disclose in the provider's service contract with the consumer |
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| 81 | 81 | | 3.19and elsewhere that tips, gratuities, or donations are voluntary and that the offering of earned |
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| 82 | 82 | | 3.20wage access services, including the amount of proceeds a consumer is eligible to request |
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| 83 | 83 | | 3.21and the frequency with which proceeds are provided to a consumer, is not contingent on |
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| 84 | 84 | | 3.22whether the consumer pays any tip, gratuity, or other donation or on the size of the tip, |
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| 85 | 85 | | 3.23gratuity, or other donation; |
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| 86 | 86 | | 3.24 (8) provide proceeds to a consumer by any means mutually agreed upon by the consumer |
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| 87 | 87 | | 3.25and the provider; and |
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| 88 | 88 | | 3.26 (9) if seeking repayment of outstanding proceeds or payment of fees or other amounts |
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| 89 | 89 | | 3.27owed, including voluntary tips, gratuities, or other donations, in connection with the activities |
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| 90 | 90 | | 3.28covered by this section from a consumer's account at a depository institution, including by |
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| 91 | 91 | | 3.29means of electronic fund transfer: |
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| 92 | 92 | | 3.30 (i) comply with applicable provisions of the federal Electronic Fund Transfer Act, United |
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| 93 | 93 | | 3.31States Code, title 15, sections 1693 to 1693r, and regulations adopted under the Electronic |
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| 94 | 94 | | 3.32Fund Transfer Act; and |
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| 95 | 95 | | 3Section 1. |
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| 96 | 96 | | REVISOR RSI/DD 25-0375703/17/25 4.1 (ii) reimburse the consumer for the full amount of any overdraft or insufficient funds |
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| 97 | 97 | | 4.2fees imposed on a consumer by the consumer's depository institution that were caused by |
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| 98 | 98 | | 4.3the provider attempting to seek payment of any outstanding proceeds, fees, or other payments |
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| 99 | 99 | | 4.4in connection with the activities covered by this section, including voluntary tips, gratuities, |
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| 100 | 100 | | 4.5or other donations, on a date before or in an incorrect amount from the date or amount |
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| 101 | 101 | | 4.6disclosed to the consumer. A provider is not subject to the requirements under this item |
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| 102 | 102 | | 4.7with respect to payments of outstanding proceeds or fees incurred by a consumer through |
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| 103 | 103 | | 4.8fraudulent or other unlawful means. |
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| 104 | 104 | | 4.9 (b) A provider must not: |
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| 105 | 105 | | 4.10 (1) impose a fee greater than $7 in connection with a fee described under subdivision |
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| 106 | 106 | | 4.111, paragraph (h); |
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| 107 | 107 | | 4.12 (2) share with an employer a portion of any fees, voluntary tips, gratuities, or other |
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| 108 | 108 | | 4.13donations that were received from or charged to a consumer for earned wage access services; |
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| 109 | 109 | | 4.14 (3) require a consumer's credit report or a credit score to be provided or issued by a |
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| 110 | 110 | | 4.15consumer reporting agency to determine a consumer's eligibility for earned wage access |
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| 111 | 111 | | 4.16services; |
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| 112 | 112 | | 4.17 (4) accept payment of outstanding proceeds, fees, voluntary tips, gratuities, or other |
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| 113 | 113 | | 4.18donations from a consumer by means of a credit card or charge card; |
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| 114 | 114 | | 4.19 (5) charge a consumer a late fee, deferral fee, interest, or any other penalty or charge |
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| 115 | 115 | | 4.20for failure to pay outstanding proceeds, fees, voluntary tips, gratuities, or other donations; |
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| 116 | 116 | | 4.21 (6) report to a consumer reporting agency or debt collector information about the |
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| 117 | 117 | | 4.22consumer regarding the provider's inability to be repaid outstanding proceeds, fees, voluntary |
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| 118 | 118 | | 4.23tips, gratuities, or other donations; |
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| 119 | 119 | | 4.24 (7) compel or attempt to compel payment by a consumer of outstanding proceeds, fees, |
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| 120 | 120 | | 4.25voluntary tips, gratuities, or other donations to the provider through any of the following |
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| 121 | 121 | | 4.26means: |
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| 122 | 122 | | 4.27 (i) a lawsuit against the consumer in a court of competent jurisdiction; |
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| 123 | 123 | | 4.28 (ii) use of a third party to pursue collection from the consumer on the provider's behalf; |
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| 124 | 124 | | 4.29or |
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| 125 | 125 | | 4.30 (iii) sale of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to |
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| 126 | 126 | | 4.31a third-party collector or debt buyer for collection from a consumer; or |
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| 127 | 127 | | 4Section 1. |
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| 128 | 128 | | REVISOR RSI/DD 25-0375703/17/25 5.1 (8) if the provider solicits, charges, or receives tips, gratuities, or other donations from |
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| 129 | 129 | | 5.2a consumer, mislead or deceive a consumer about the voluntary nature of the tips, gratuities, |
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| 130 | 130 | | 5.3or donations or represent that the tips, gratuities, or donations benefit a specific individual |
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| 131 | 131 | | 5.4or group of individuals. |
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| 132 | 132 | | 5.5 (c) The limitations set forth under paragraph (b), clause (7), do not preclude a provider |
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| 133 | 133 | | 5.6from: (1) using a method specified under paragraph (b), clause (7), to compel payment of |
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| 134 | 134 | | 5.7outstanding proceeds or fees incurred by a consumer through fraudulent or other unlawful |
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| 135 | 135 | | 5.8means; or (2) pursuing an employer for breach of the employer's contractual obligations to |
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| 136 | 136 | | 5.9the provider. |
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| 137 | 137 | | 5.10 (d) A provider may use the mailing address or state of residence provided by an individual |
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| 138 | 138 | | 5.11or that individual's employer to determine the individual's state of residence for purposes |
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| 139 | 139 | | 5.12of this section. |
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| 140 | 140 | | 5.13 Subd. 3.Applicability.(a) This section does not apply to a person doing business under |
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| 141 | 141 | | 5.14and as permitted by any law of Minnesota or of the United States relating to banks, savings |
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| 142 | 142 | | 5.15associations, trust companies, or credit unions. |
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| 143 | 143 | | 5.16 (b) Notwithstanding any other provision of law, earned wage access services offered |
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| 144 | 144 | | 5.17and provided by a licensed earned wage access services provider in accordance with this |
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| 145 | 145 | | 5.18section is not: |
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| 146 | 146 | | 5.19 (1) in violation of or noncompliance with law governing: (i) deductions from payroll, |
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| 147 | 147 | | 5.20salary, wages, compensation, or other income; or (ii) the purchase, sale, or assignment of |
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| 148 | 148 | | 5.21or an order for earned but unpaid income; |
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| 149 | 149 | | 5.22 (2) a loan or other form of credit or debt. A provider is not a creditor, debt collector, or |
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| 150 | 150 | | 5.23lender with respect to a loan or other form of credit or debt; or |
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| 151 | 151 | | 5.24 (3) money transmission. A provider is not a money transmitter with respect to money |
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| 152 | 152 | | 5.25transmission. |
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| 153 | 153 | | 5.26 (c) Notwithstanding any other law, fees, voluntary tips, gratuities, or other donations |
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| 154 | 154 | | 5.27paid in accordance with this section to an earned wage access services provider are not |
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| 155 | 155 | | 5.28interest or finance charges. |
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| 156 | 156 | | 5.29 (d) If this section conflicts with any other provision of law, this section prevails. |
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| 157 | 157 | | 5.30 Subd. 4.Licensure.(a) Before a person offers or provides earned wage access services |
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| 158 | 158 | | 5.31to consumers, the person must obtain a license from the commissioner as an earned wage |
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| 159 | 159 | | 5.32access services provider. For purposes of this subdivision, "person" includes a person that |
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| 160 | 160 | | 5Section 1. |
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| 161 | 161 | | REVISOR RSI/DD 25-0375703/17/25 6.1does not have a physical location in Minnesota but that offers and provides earned wage |
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| 162 | 162 | | 6.2access services electronically via the Internet. |
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| 163 | 163 | | 6.3 (b) The application for licensure must be made in accordance with procedures under |
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| 164 | 164 | | 6.4sections 56.02, 56.04, 56.07, and 56.08. |
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| 165 | 165 | | 6.5 (c) A license must state: (1) the address where the business is to be conducted or that |
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| 166 | 166 | | 6.6the business is to be conducted entirely online; (2) the full name of the licensee; and (3) if |
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| 167 | 167 | | 6.7the licensee is (i) a copartnership or association, the names of the copartnership or |
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| 168 | 168 | | 6.8association's members, and (ii) a corporation, the date and place of the corporation's |
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| 169 | 169 | | 6.9incorporation. The license must be conspicuously posted in the licensee's place of business |
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| 170 | 170 | | 6.10or made available on the licensee's website. A license is not transferable or assignable. |
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| 171 | 171 | | 6.11 (d) Notwithstanding paragraph (a), a person who provided earned wage access services |
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| 172 | 172 | | 6.12in Minnesota as of January 1, 2025, may, until the commissioner has processed the person's |
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| 173 | 173 | | 6.13license application, continue to provide earned wage access services in Minnesota without |
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| 174 | 174 | | 6.14a license if the person submitted a license application within three months after the |
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| 175 | 175 | | 6.15commissioner prescribed the form and content of an application and otherwise complies |
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| 176 | 176 | | 6.16with this section. |
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| 177 | 177 | | 6.17 Subd. 5.Books of account; annual report; schedule of charges; disclosures.(a) A |
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| 178 | 178 | | 6.18licensee must keep and use in the business books, accounts, and records that enable the |
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| 179 | 179 | | 6.19commissioner to determine whether the licensee is complying with this section. |
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| 180 | 180 | | 6.20 (b) A licensee shall file a report to the commissioner on or before March 15 each year. |
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| 181 | 181 | | 6.21The report must include the information the commissioner reasonably requires concerning |
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| 182 | 182 | | 6.22the earned wage access services business and operations during the preceding calendar year, |
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| 183 | 183 | | 6.23including: |
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| 184 | 184 | | 6.24 (1) gross revenue attributable to the licensee's earned wage access services; |
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| 185 | 185 | | 6.25 (2) the total number of transactions in which the provider provided proceeds to consumers; |
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| 186 | 186 | | 6.26 (3) the total number of unique consumers to whom the provider provided proceeds; |
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| 187 | 187 | | 6.27 (4) the total dollar amount of proceeds the provider provided to consumers; and |
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| 188 | 188 | | 6.28 (5) the total dollar amount of fees, voluntary tips, gratuities, or other donations the |
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| 189 | 189 | | 6.29provider received from consumers. |
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| 190 | 190 | | 6.30 Subd. 6.Examinations.(a) For the purpose of discovering violations of this section or |
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| 191 | 191 | | 6.31securing information lawfully required by the commissioner, the commissioner may |
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| 192 | 192 | | 6.32investigate the earned wage access services provider and examine books, accounts, records, |
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| 193 | 193 | | 6Section 1. |
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| 194 | 194 | | REVISOR RSI/DD 25-0375703/17/25 7.1and files, regardless of whether the person acts or claims to act (1) as principal or agent, or |
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| 195 | 195 | | 7.2(2) under or without the authority of this section. The commissioner has free access to the |
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| 196 | 196 | | 7.3offices, places of business, books, accounts, papers, records, files, safes, and vaults of all |
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| 197 | 197 | | 7.4persons that must register under this section. The commissioner is authorized to require the |
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| 198 | 198 | | 7.5attendance of and to examine under oath all persons whose testimony the commissioner |
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| 199 | 199 | | 7.6requires relative to the earned wage access services business or to the subject matter of an |
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| 200 | 200 | | 7.7examination, investigation, or hearing. |
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| 201 | 201 | | 7.8 (b) A licensee must pay to the commissioner the amount required under section 46.131, |
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| 202 | 202 | | 7.9and the commissioner may maintain an action for the recovery of the costs in any court of |
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| 203 | 203 | | 7.10competent jurisdiction. |
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| 204 | 204 | | 7.11 Subd. 7.Complaints alleging violation.A consumer that has reason to believe this |
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| 205 | 205 | | 7.12section has been violated may file a written complaint with the commissioner setting forth |
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| 206 | 206 | | 7.13the details of the alleged violation. Upon receiving the complaint, the commissioner may |
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| 207 | 207 | | 7.14inspect the pertinent books, records, letters, and contracts of the provider involved. The |
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| 208 | 208 | | 7.15commissioner may assess the provider a fee to cover the necessary costs of an investigation |
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| 209 | 209 | | 7.16under this subdivision. The commissioner may maintain an action to recover the costs in a |
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| 210 | 210 | | 7.17court of competent jurisdiction. |
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| 211 | 211 | | 7.18 Subd. 8.Suspension or revocation of license.(a) The commissioner may, upon 30 |
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| 212 | 212 | | 7.19days' notice to the licensee stating the contemplated action and the grounds forming the |
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| 213 | 213 | | 7.20basis for the action, and upon reasonable opportunity for the licensee to be heard, revoke a |
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| 214 | 214 | | 7.21license issued under this section if the commissioner finds: |
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| 215 | 215 | | 7.22 (1) a licensee failed to (i) pay the annual license fee required by this section, or (ii) |
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| 216 | 216 | | 7.23comply with any demand, ruling, or requirement the commissioner lawfully made pursuant |
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| 217 | 217 | | 7.24to the authority of this section; |
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| 218 | 218 | | 7.25 (2) a licensee violated any material provision of this section or any rule adopted by the |
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| 219 | 219 | | 7.26commissioner under this section; or |
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| 220 | 220 | | 7.27 (3) a fact or condition exists that, if the fact or condition had existed at the time of the |
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| 221 | 221 | | 7.28original application for the license, would have warranted the commissioner refusing to |
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| 222 | 222 | | 7.29originally issue the license. |
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| 223 | 223 | | 7.30 (b) The commissioner may, upon three days' notice and a hearing, suspend any license |
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| 224 | 224 | | 7.31for a period not exceeding 30 days pending an investigation. |
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| 225 | 225 | | 7.32 (c) The commissioner may revoke or suspend a license if grounds for revocation or |
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| 226 | 226 | | 7.33suspension occur or exist. If the commissioner finds that the grounds for revocation or |
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| 227 | 227 | | 7Section 1. |
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| 228 | 228 | | REVISOR RSI/DD 25-0375703/17/25 8.1suspension apply to multiple offices operated by the licensee, the commissioner must revoke |
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| 229 | 229 | | 8.2or suspend all of the licenses issued to the licensee to which the grounds for revocation or |
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| 230 | 230 | | 8.3suspension apply. |
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| 231 | 231 | | 8.4 (d) A licensee may surrender a license by delivering to the commissioner written notice |
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| 232 | 232 | | 8.5that the licensee surrenders the license. The surrender does not affect the licensee's civil or |
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| 233 | 233 | | 8.6criminal liability for acts committed prior to the surrender. |
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| 234 | 234 | | 8.7 (e) A revocation, suspension, or surrender of a license does not impair or affect the |
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| 235 | 235 | | 8.8obligation of a preexisting lawful contract between the licensee and a consumer. |
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| 236 | 236 | | 8.9 (f) A license issued under this section remains effective until the license is surrendered, |
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| 237 | 237 | | 8.10revoked, or suspended under this section. The commissioner may reinstate suspended |
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| 238 | 238 | | 8.11licenses or issue new licenses to a licensee whose license or licenses have been revoked if |
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| 239 | 239 | | 8.12no fact or condition exists that would have warranted the commissioner to initially refuse |
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| 240 | 240 | | 8.13to issue the license under this section. |
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| 241 | 241 | | 8.14 (g) When the commissioner revokes or suspends a license issued under this section, the |
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| 242 | 242 | | 8.15commissioner must file a written order that contains the evidence and reasons supporting |
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| 243 | 243 | | 8.16the revocation or suspension. A copy of the written order must be delivered to the licensee. |
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| 244 | 244 | | 8Section 1. |
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| 245 | 245 | | REVISOR RSI/DD 25-0375703/17/25 |
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