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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2086 By: Blair and Lepak
AS INTRODUCED
An Act relating to labor; enacting the Oklahoma
Earned Wage Access Services Act; providing
definitions; establishing requirement s and
prohibitions; defining applicability; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6100 of Title 59, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma Earned
Wage Access Services Act ".
SECTION 2. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 6100.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act, unless the context requires otherwise:
1. "Consumer" means an individual wh o resides in Oklahoma ;
2. "Consumer-directed wage access services " means delivering to
a consumer access to earned but unpaid income that is based on the
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consumer's representations and the provider 's reasonable
determination of the consumer 's earned but unpaid income;
3. "Earned but unpaid income " means salary, wages,
compensation, or other income that a consumer or an employer has
represented, and that a provider has reasonably determined, has been
earned or accrued to the benefit of the consumer in exch ange for the
consumer's provision of services to the employer or on behalf of the
employer, including on an hourly, project -based, piecework, or other
basis and including circumstances in which the consumer is acting as
an independent contractor of the emp loyer, but has not, at the time
of the payment of proceeds, been paid to the consumer by the
employer;
4. "Earned wage access services " means providing consumer -
directed wage access services or employer -integrated wage access
services, or both;
5. a. "Employer" means:
(1) a person who employs a consumer , or
(2) any other person who is contractually obligated
to pay a consumer earned but unpaid income in
exchange for the consumer 's provision of services
to the employer or on behalf of the employer
including on an hourly, project -based, piecework,
or other basis and including circumstances in
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which the consumer is acting as an independent
contractor with respect to the employer .
b. "Employer" does not include:
(1) a customer of an employer , or
(2) any other person whose obligation to make a
payment of salary, wages, compensation, or o ther
income to a consumer is not based on the
provision of services by that consumer for or on
behalf of the person ;
6. "Employer-integrated wage access services " means delivering
to a consumer access earned but unpaid income that is based on
employment, income, or attendance data obtained directly or
indirectly from an employer or an employer 's payroll service
provider;
7. a. "Fee" means the following:
(1) a fee imposed by a provider for delivery or
expedited delivery of proceeds to a consumer , or
(2) a subscription or membership fee imposed by a
provider for a bona fide group of services that
include earned wage access services .
b. "Fee" does not include a voluntary tip, gratui ty, or
other donation;
8. "Outstanding proceeds " means proceeds remitted to a consumer
by a provider that have not yet been repaid to the provider ;
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9. "Proceeds" means a payment to a consumer by a provider that
is based on earned but unpaid income ; and
10. a. "Provider" or "earned wage access services provider "
means a person that is in the business of providing
earned wage access services to consumers.
b. "Provider" or "earned wage access services provider "
does not include:
(1) a service provider, such as a payroll service
provider, whose role may include verifying the
available earnings but is not contractually
obligated to fund any proceeds delivered as part
of an earned wage access service , or
(2) an employer that offers a portion of salary,
wages, or compensation directly to its employees
or independent contractors before the normally
scheduled pay date.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6100.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A provider shall do all of the following:
1. Develop and implement policies and procedures to respond to
questions raised by consumers and address complaints from consumers
in an expedient manner ;
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2. Whenever it offers a consumer the option to receive proceeds
for a fee or solicits an optional tip, gratuity, or other donation,
offer to the consumer at least one reasonable option to obtain
proceeds at no cost to the consumer and clearly explain how t o elect
that no-cost option;
3. Before entering into an agreement with a consumer for the
provision of earned wage access services, do all of the following:
a. inform the consumer of their rights under the
agreement, or
b. fully and clearly disclose all f ees associated with
the earned wage access services ;
4. Inform the consumer o f any material changes to the terms and
conditions of the earned wage access services before implementing
those changes for that consumer ;
5. Allow the consumer to cancel use of the provider's earned
wage access services at any time, without incurring a cancellation
fee imposed by the provider ;
6. Comply with all applicable local, state, and federal privacy
and information security laws ;
7. If a provider solicits, charges, or r eceives a tip,
gratuity, or other donation from a consumer, the provider shall do
all of the following:
a. clearly and conspicuously disclose to the consumer
immediately prior to each transaction that a tip,
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gratuity, or other donation amount may be zero (0) and
is voluntary, or
b. clearly and conspicuously disclose in its service
contract with the consumer and elsewhere that tips,
gratuities, or donations are voluntary and that the
offering of earned wage access services, including the
amount of proceeds a consumer is eligible to request
and the frequency with which proceeds are pro vided to
a consumer, is not contingent on whether the consumer
pays any tip, gratuity, or other donation or on the
size of the tip, gratuity, or other donation ;
8. Provide proceeds to a consumer by any means mutually agreed
upon by the consumer and the provider ; and
9. If the provider will seek repayment of outstanding proceeds
or payment of fees or other amounts owed, including voluntary tips,
gratuities, or other donations, in connection with the activities
covered by this act, from a consumer 's account at a depository
institution, including by means of electronic fund transfer, the
provider shall do all of the following:
a. comply with applicable provisions of the federal
Electronic Fund Transfer Act, 15 U .S.C., Sections 1693
to 1693r, and regulations adopted thereunder , and
b. reimburse the consumer for the full amount of any
overdraft or nonsufficient funds fees imposed on a
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consumer by the consumer 's depository institution t hat
were caused by the provider attempting to seek payment
of any outstanding proceeds, fees, or other payments,
in connection with the activities covered by this
chapter, including voluntary tips, gratuities, or
other donations, on a date before, or in an incorrect
amount from, the date or amount disclosed to the
consumer. However, the provider is not subject to the
requirements in this sub paragraph with respect to
payments of outstanding proceeds or fees incurred by a
consumer through fraudulent or other unlawful means.
SECTION 4. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 6100.3 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. A provider shall not do any of the following:
1. Share with an employer a portion of any fees, voluntary
tips, gratuities, or other donations that were received from or
charged to a consumer for earned wage access services ;
2. Require a consumer's credit report or a credit score
provided or issued by a consumer reporting agency to determine a
consumer's eligibility for earned wage access services ;
3. Accept payment of outstanding proceeds, fees, voluntary
tips, gratuities, or other donations from a consumer by means of a
credit card or charge card;
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4. Charge a consumer a late fee, deferral fee, interest, or any
other penalty or charge for failure to pay outstanding proceeds,
fees, voluntary tips, gratuities, or other donations ;
5. Report to a consumer reporting agency or debt collec tor any
information about the consumer regarding the inability of the
provider to be repaid outstanding proceeds, fees, voluntary tips,
gratuities, or other donations ;
6. Compel or attempt to compel payment by a consumer of
outstanding proceeds, fees, vol untary tips, gratuities, or other
donations to the provider through any of the following means:
a. a suit against the consumer in a court of competent
jurisdiction,
b. use of a third party to pursue collection from the
consumer on the provider 's behalf, or
c. sale of outstanding proceeds, fees, voluntary tips,
gratuities, or other d onations to a third-party
collector or debt buyer for collection from a
consumer; and
7. If the provider solicits, charges, or receives tips,
gratuities, or other donations from a consumer, mislead or deceive a
consumer about the voluntary nature of the tips, gratuities, or
donations or represent that they will benefit any specific
individuals or group of individuals .
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B. The limitations set forth in subparagraph a of paragraph 6
of subsection A of this section do not preclude the use by a
provider of any of the methods specified in subdivision (1)(f) to
compel payment of outstanding proceeds or fees incurred by a
consumer through fraudulent or other unlawful means, nor do they
preclude a provider from pursuing an employer for breach of its
contractual obligations to the provider .
C. A provider may use the mailing address or state of residence
provided to it by a person or that person 's employer to determine
the person's state of residence for purposes of this act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6100.4 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. This act shall not apply to any person doing business under
the authority of any law of Oklahoma or of the United States
relating to banks, savings institutions, trust companies, building
and loan associations, industrial loan associations or credit
unions.
B. Notwithstanding any other provision of law, earned wage
access services offered and provided by an earned wage access
services provider in accordance with this act shall not be
considered:
1. In violation of or noncompliance with any law governing
deductions from payroll, salary, wages, compensation, or other
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income or the purchase, sale or assignment of, or an order for
earned but unpaid income ;
2. A loan or other form of credit or debt, nor shall the
provider be considered a creditor, debt collector, or lend er with
respect thereto; or
3. Money transmission, nor shall the provider be considered a
money transmitter with respect thereto.
C. Notwithstanding any other provision of law, fees, voluntary
tips, gratuities, or other donations paid in accordance with this
act to a provider shall not be considered interest or finance
charges.
D. If there is a conflict between the provisions of this act
and any other provision of law, the provisions of this act shall
prevail.
SECTION 6. This act shall become effective November 1, 2025.
60-1-12214 TKR 01/15/25