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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 2086 By: Blair and Lepak
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38	38	AS INTRODUCED
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40	40	An Act relating to labor; enacting the Oklahoma
41	41	Earned Wage Access Services Act; providing
42	42	definitions; establishing requirement s and
43	43	prohibitions; defining applicability; providing for
44	44	codification; and providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. NEW LAW A new section of law to be codified
52	52	in the Oklahoma Statutes as Section 6100 of Title 59, unless there
53	53	is created a duplication in numbering, reads as follows:
54	54	This act shall be known and may be cited as the "Oklahoma Earned
55	55	Wage Access Services Act ".
56	56	SECTION 2. NEW LAW A n ew section of law to be codified
57	57	in the Oklahoma Statutes as Section 6100.1 of Title 59, unless there
58	58	is created a duplication in numbering, reads as follows:
59	59	As used in this act, unless the context requires otherwise:
60	60	1. "Consumer" means an individual wh o resides in Oklahoma ;
61	61	2. "Consumer-directed wage access services " means delivering to
62	62	a consumer access to earned but unpaid income that is based on the
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89	89	consumer's representations and the provider 's reasonable
90	90	determination of the consumer 's earned but unpaid income;
91	91	3. "Earned but unpaid income " means salary, wages,
92	92	compensation, or other income that a consumer or an employer has
93	93	represented, and that a provider has reasonably determined, has been
94	94	earned or accrued to the benefit of the consumer in exch ange for the
95	95	consumer's provision of services to the employer or on behalf of the
96	96	employer, including on an hourly, project -based, piecework, or other
97	97	basis and including circumstances in which the consumer is acting as
98	98	an independent contractor of the emp loyer, but has not, at the time
99	99	of the payment of proceeds, been paid to the consumer by the
100	100	employer;
101	101	4. "Earned wage access services " means providing consumer -
102	102	directed wage access services or employer -integrated wage access
103	103	services, or both;
104	104	5. a. "Employer" means:
105	105	(1) a person who employs a consumer , or
106	106	(2) any other person who is contractually obligated
107	107	to pay a consumer earned but unpaid income in
108	108	exchange for the consumer 's provision of services
109	109	to the employer or on behalf of the employer
110	110	including on an hourly, project -based, piecework,
111	111	or other basis and including circumstances in
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138	138	which the consumer is acting as an independent
139	139	contractor with respect to the employer .
140	140	b. "Employer" does not include:
141	141	(1) a customer of an employer , or
142	142	(2) any other person whose obligation to make a
143	143	payment of salary, wages, compensation, or o ther
144	144	income to a consumer is not based on the
145	145	provision of services by that consumer for or on
146	146	behalf of the person ;
147	147	6. "Employer-integrated wage access services " means delivering
148	148	to a consumer access earned but unpaid income that is based on
149	149	employment, income, or attendance data obtained directly or
150	150	indirectly from an employer or an employer 's payroll service
151	151	provider;
152	152	7. a. "Fee" means the following:
153	153	(1) a fee imposed by a provider for delivery or
154	154	expedited delivery of proceeds to a consumer , or
155	155	(2) a subscription or membership fee imposed by a
156	156	provider for a bona fide group of services that
157	157	include earned wage access services .
158	158	b. "Fee" does not include a voluntary tip, gratui ty, or
159	159	other donation;
160	160	8. "Outstanding proceeds " means proceeds remitted to a consumer
161	161	by a provider that have not yet been repaid to the provider ;
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188	188	9. "Proceeds" means a payment to a consumer by a provider that
189	189	is based on earned but unpaid income ; and
190	190	10. a. "Provider" or "earned wage access services provider "
191	191	means a person that is in the business of providing
192	192	earned wage access services to consumers.
193	193	b. "Provider" or "earned wage access services provider "
194	194	does not include:
195	195	(1) a service provider, such as a payroll service
196	196	provider, whose role may include verifying the
197	197	available earnings but is not contractually
198	198	obligated to fund any proceeds delivered as part
199	199	of an earned wage access service , or
200	200	(2) an employer that offers a portion of salary,
201	201	wages, or compensation directly to its employees
202	202	or independent contractors before the normally
203	203	scheduled pay date.
204	204	SECTION 3. NEW LAW A new section of law to be codified
205	205	in the Oklahoma Statutes as Section 6100.2 of Title 59, unless there
206	206	is created a duplication in numbering, reads as follows:
207	207	A provider shall do all of the following:
208	208	1. Develop and implement policies and procedures to respond to
209	209	questions raised by consumers and address complaints from consumers
210	210	in an expedient manner ;
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237	237	2. Whenever it offers a consumer the option to receive proceeds
238	238	for a fee or solicits an optional tip, gratuity, or other donation,
239	239	offer to the consumer at least one reasonable option to obtain
240	240	proceeds at no cost to the consumer and clearly explain how t o elect
241	241	that no-cost option;
242	242	3. Before entering into an agreement with a consumer for the
243	243	provision of earned wage access services, do all of the following:
244	244	a. inform the consumer of their rights under the
245	245	agreement, or
246	246	b. fully and clearly disclose all f ees associated with
247	247	the earned wage access services ;
248	248	4. Inform the consumer o f any material changes to the terms and
249	249	conditions of the earned wage access services before implementing
250	250	those changes for that consumer ;
251	251	5. Allow the consumer to cancel use of the provider's earned
252	252	wage access services at any time, without incurring a cancellation
253	253	fee imposed by the provider ;
254	254	6. Comply with all applicable local, state, and federal privacy
255	255	and information security laws ;
256	256	7. If a provider solicits, charges, or r eceives a tip,
257	257	gratuity, or other donation from a consumer, the provider shall do
258	258	all of the following:
259	259	a. clearly and conspicuously disclose to the consumer
260	260	immediately prior to each transaction that a tip,
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287	287	gratuity, or other donation amount may be zero (0) and
288	288	is voluntary, or
289	289	b. clearly and conspicuously disclose in its service
290	290	contract with the consumer and elsewhere that tips,
291	291	gratuities, or donations are voluntary and that the
292	292	offering of earned wage access services, including the
293	293	amount of proceeds a consumer is eligible to request
294	294	and the frequency with which proceeds are pro vided to
295	295	a consumer, is not contingent on whether the consumer
296	296	pays any tip, gratuity, or other donation or on the
297	297	size of the tip, gratuity, or other donation ;
298	298	8. Provide proceeds to a consumer by any means mutually agreed
299	299	upon by the consumer and the provider ; and
300	300	9. If the provider will seek repayment of outstanding proceeds
301	301	or payment of fees or other amounts owed, including voluntary tips,
302	302	gratuities, or other donations, in connection with the activities
303	303	covered by this act, from a consumer 's account at a depository
304	304	institution, including by means of electronic fund transfer, the
305	305	provider shall do all of the following:
306	306	a. comply with applicable provisions of the federal
307	307	Electronic Fund Transfer Act, 15 U .S.C., Sections 1693
308	308	to 1693r, and regulations adopted thereunder , and
309	309	b. reimburse the consumer for the full amount of any
310	310	overdraft or nonsufficient funds fees imposed on a
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337	337	consumer by the consumer 's depository institution t hat
338	338	were caused by the provider attempting to seek payment
339	339	of any outstanding proceeds, fees, or other payments,
340	340	in connection with the activities covered by this
341	341	chapter, including voluntary tips, gratuities, or
342	342	other donations, on a date before, or in an incorrect
343	343	amount from, the date or amount disclosed to the
344	344	consumer. However, the provider is not subject to the
345	345	requirements in this sub paragraph with respect to
346	346	payments of outstanding proceeds or fees incurred by a
347	347	consumer through fraudulent or other unlawful means.
348	348	SECTION 4. NEW LAW A new section of l aw to be codified
349	349	in the Oklahoma Statutes as Section 6100.3 of Title 59, unless there
350	350	is created a duplication in numbering, reads as follows:
351	351	A. A provider shall not do any of the following:
352	352	1. Share with an employer a portion of any fees, voluntary
353	353	tips, gratuities, or other donations that were received from or
354	354	charged to a consumer for earned wage access services ;
355	355	2. Require a consumer's credit report or a credit score
356	356	provided or issued by a consumer reporting agency to determine a
357	357	consumer's eligibility for earned wage access services ;
358	358	3. Accept payment of outstanding proceeds, fees, voluntary
359	359	tips, gratuities, or other donations from a consumer by means of a
360	360	credit card or charge card;
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387	387	4. Charge a consumer a late fee, deferral fee, interest, or any
388	388	other penalty or charge for failure to pay outstanding proceeds,
389	389	fees, voluntary tips, gratuities, or other donations ;
390	390	5. Report to a consumer reporting agency or debt collec tor any
391	391	information about the consumer regarding the inability of the
392	392	provider to be repaid outstanding proceeds, fees, voluntary tips,
393	393	gratuities, or other donations ;
394	394	6. Compel or attempt to compel payment by a consumer of
395	395	outstanding proceeds, fees, vol untary tips, gratuities, or other
396	396	donations to the provider through any of the following means:
397	397	a. a suit against the consumer in a court of competent
398	398	jurisdiction,
399	399	b. use of a third party to pursue collection from the
400	400	consumer on the provider 's behalf, or
401	401	c. sale of outstanding proceeds, fees, voluntary tips,
402	402	gratuities, or other d onations to a third-party
403	403	collector or debt buyer for collection from a
404	404	consumer; and
405	405	7. If the provider solicits, charges, or receives tips,
406	406	gratuities, or other donations from a consumer, mislead or deceive a
407	407	consumer about the voluntary nature of the tips, gratuities, or
408	408	donations or represent that they will benefit any specific
409	409	individuals or group of individuals .
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436	436	B. The limitations set forth in subparagraph a of paragraph 6
437	437	of subsection A of this section do not preclude the use by a
438	438	provider of any of the methods specified in subdivision (1)(f) to
439	439	compel payment of outstanding proceeds or fees incurred by a
440	440	consumer through fraudulent or other unlawful means, nor do they
441	441	preclude a provider from pursuing an employer for breach of its
442	442	contractual obligations to the provider .
443	443	C. A provider may use the mailing address or state of residence
444	444	provided to it by a person or that person 's employer to determine
445	445	the person's state of residence for purposes of this act.
446	446	SECTION 5. NEW LAW A new section of law to be codified
447	447	in the Oklahoma Statutes as Section 6100.4 of Title 59, unless there
448	448	is created a duplication in numbering, reads as follows:
449	449	A. This act shall not apply to any person doing business under
450	450	the authority of any law of Oklahoma or of the United States
451	451	relating to banks, savings institutions, trust companies, building
452	452	and loan associations, industrial loan associations or credit
453	453	unions.
454	454	B. Notwithstanding any other provision of law, earned wage
455	455	access services offered and provided by an earned wage access
456	456	services provider in accordance with this act shall not be
457	457	considered:
458	458	1. In violation of or noncompliance with any law governing
459	459	deductions from payroll, salary, wages, compensation, or other
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486	486	income or the purchase, sale or assignment of, or an order for
487	487	earned but unpaid income ;
488	488	2. A loan or other form of credit or debt, nor shall the
489	489	provider be considered a creditor, debt collector, or lend er with
490	490	respect thereto; or
491	491	3. Money transmission, nor shall the provider be considered a
492	492	money transmitter with respect thereto.
493	493	C. Notwithstanding any other provision of law, fees, voluntary
494	494	tips, gratuities, or other donations paid in accordance with this
495	495	act to a provider shall not be considered interest or finance
496	496	charges.
497	497	D. If there is a conflict between the provisions of this act
498	498	and any other provision of law, the provisions of this act shall
499	499	prevail.
500	500	SECTION 6. This act shall become effective November 1, 2025.
501	501
502	502	60-1-12214 TKR 01/15/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2086 Compare Versions