Fundamentals of On-Demand Pay
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Decide whether pay on demand makes sense for your company and, if so, how to implement it.In a world where almost 80% of Americans assert they are living paycheck to paycheck and 40% claim they cannot cover an unexpected $400 expense, employers looking for recruiting and retention advances have been exploring pay on demand options for their workforce. Simply stated, pay on demand gives workers the ability to access today what they earned yesterday, ahead of the traditional bi-weekly or semi-monthly pay schedules. While a niche benefit now, with only five percent of companies with a large hourly workforce using it, it is forecast that by 2023 20% of those companies will have adopted pay on demand in one form or another. This topic will help company payroll professionals and other human resources professionals to distinguish between various types of pay on demand products and programs, identify the burdens and benefits associated with pay on demand, and make a learned decision about whether pay on demand might be an option in the future. The material will explain various legal issues that arise in connection with payroll on demand, including whether certain deductions from pay are permissible, recouping overpayments or advances, assessing whether free and clear requirements are met, and determining the effect of fees on payroll obligations.
AuthorsMichael A. Pavlick, K&L Gates LLP
What Is Pay on Demand?
• Introduction to Pay on Demand
• Wage Advances/Payments From Employer to Employee
• Wage Advances/Payments From Third Party to Employee
Important Legal Issues
• Wage Deductions, Fees and Free and Clear Requirements
• Recouping Overpayments
• Wage Assignment and Deduction Requirements
• Privacy Concerns
• Administrative Burdens
• Setting up the Rules
• Employee Flexibility vs. Ease of Administration