News & Analysis as of

Earned Wage Access

Orrick, Herrington & Sutcliffe LLP

District court denies earned wage access company’s motion to dismiss, class action claims to continue after finding that wage...

On September 8, the U.S. District Court for the Western District of Washington denied an earned wage access provider’s motion to dismiss claims, ruling in favor of an individual alleging the fintech company of unlawful...more

Orrick, Herrington & Sutcliffe LLP

District court allows lawsuit on earned wage access alleging potential TILA and Pennsylvania usury violations to proceed

On August 28, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss a proposed class action against a financial services company offering earned wage access products in the form of cash...more

Troutman Pepper Locke

Louisiana Becomes Latest State to Pass EWA Legislation

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Louisiana has enacted a new Earned Wage Access (EWA) law, effective August 1, 2025. Sponsored by Representative Vinney St. Blanc, HB 368 introduces a comprehensive compliance framework for EWA providers, marking a pivotal...more

Sheppard Mullin Richter & Hampton LLP

District Court Allows Federal TILA and Maryland Consumer Loan Law Claims to Move Forward Against Earned Wage Access Provider

On August 8, the U.S. District Court for the District of Maryland issued an opinion partially granting an earned wage access (EWA) provider’s motion to dismiss that challenged whether the company operated as an unlicensed...more

Orrick, Herrington & Sutcliffe LLP

District court permits Maryland lending law and TILA claims to proceed against earned wage access provider

On August 8, a judge in the U.S. District Court for the District of Maryland granted in part and denied in part a motion to dismiss several claims against an earned wage access (EWA) provider, addressing whether its wage...more

Ballard Spahr LLP

Louisiana earned wage access law goes into effect

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An earned wage access (EWA) law has gone into effect in Louisiana. The legislation, passed earlier this year, became law without the signature of Gov. Jeff Landry....more

Troutman Pepper Locke

Regulatory Rollback: Legal Challenges and Opportunities in Earned-Wage Access — The Consumer Finance Podcast

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In this special joint episode of The Consumer Finance Podcast and Payments Pros, Chris Willis, co-leader of Troutman Pepper Locke's Consumer Financial Services Regulatory Practice, is joined by Keith Barnett and Jason Cover...more

Orrick, Herrington & Sutcliffe LLP

Connecticut enacts new earned wage access law

On July 8, the governor of Connecticut signed into law SB 1396 to amend the licensing statute for small loan companies and to add a regulatory framework for providers of “earned but unpaid wage or salary income advance.”...more

Goodwin

Connecticut Enacts Law Regulating Earned Wage Access Services

Goodwin on

Connecticut has enacted a law (the amendment) amending the state’s existing small loan act (the act). In this alert, we focus on the amendment’s application of the act to “earned but unpaid wage or salary income advances”...more

Hudson Cook, LLP

Does the Recent Earned Wage Access Law Change the Regulatory Environment in Arkansas?

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The Arkansas legislature recently passed House Bill 1517, which creates an earned wage access law in the state. It will be one of the relatively few such laws in the country. One interesting question is whether the law...more

Goodwin

Louisiana Enacts Law Regulating Earned Wage Access Services

Goodwin on

Louisiana has enacted a law that establishes a financial services oversight regime for earned wage access services, also known as on-demand pay services, which allow workers to access earned but unpaid income before payday....more

Venable LLP

Why Fintechs Can't Always Skip the State Licensing Maze for Earned Wage Access

Venable LLP on

Earned Wage Access (EWA) lets employees access wages they've already earned, but haven't yet been paid, typically through an app or digital service. For workers, this can mean avoiding payday loans or overdraft fees....more

Troutman Pepper Locke

Indiana and Maryland Become Latest States to Enact Earned Wage Access Legislation

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Indiana and Maryland became the most recent states to enact legislation regulating earned wage access (EWA) services, with Indiana passing House Enrolled Act 1125 on May 6, and Maryland passing House Bill 1294 on May 20....more

Sheppard Mullin Richter & Hampton LLP

Louisiana and Connecticut Advance Earned Wage Access Laws

Louisiana and Connecticut recently passed legislation establishing regulatory frameworks for earned wage access (EWA) providers. Connecticut’s SB 5140 passed the legislature on June 4 and awaits Governor Ned Lamont’s...more

McGuireWoods LLP

Connecticut and Louisiana Poised to Enact Earned Wage Access Legislation, Marking Significant Policy Shift Among States

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Connecticut and Louisiana are poised to become the latest states to enact earned wage access (EWA) laws, as bills await signatures from Connecticut Gov. Ned Lamont and Louisiana Gov. Jeff Landry. The Connecticut bill passed...more

Orrick, Herrington & Sutcliffe LLP

Maryland enacts new earned wage access law

On May 25, the Maryland General Assembly chaptered HB 1294 and affirmatively subjected earned wage access products to the Maryland consumer credit and licensing provisions. The law requires companies that offer earned wage...more

Orrick, Herrington & Sutcliffe LLP

California DFPI releases annual activity report

On May 29, the DFPI released its 2024 Annual Report of Activity under the California Consumer Financial Protection Law (CCFPL), highlighting regulatory activity, investigations, and public actions taken under the CCFPL....more

Ballard Spahr LLP

Maryland enacts Earned Wage Access legislation

Ballard Spahr LLP on

A new Maryland law deems certain earned wage access (EWA) services to be loans. It then subjects those EWA services to the Maryland Consumer Loan Law and other consumer credit provisions, restricts the acceptance of tips by...more

Sheppard Mullin Richter & Hampton LLP

Maryland Enacts Earned Wage Access Law

On May 28, Maryland Governor Wes Moore signed House Bill 1294 into law, establishing a comprehensive regulatory framework for Earned Wage Access (EWA) providers operating in the state. Effective October 1, the new law...more

McGuireWoods LLP

Indiana, Maryland Become Latest States to Enact Legislation Regulating Earned Wage Access

McGuireWoods LLP on

Indiana and Maryland join seven other states in enacting laws that specifically regulate earned wage access (EWA) providers. EWA is an on-demand payment product that allows workers to access their wages as they are...more

Goodwin

Maryland Enacts Law Regulating Earned Wage Access Services

Goodwin on

Maryland has enacted a law that establishes a financial-services oversight regime for earned wage access services, also known as on-demand pay services, which allow workers to access earned but unpaid income before payday....more

Payactiv

Maryland Enacts Landmark Earned Wage Access Legislation

Payactiv on

On May 27, 2025, Maryland enacted first-of-its-kind earned wage access (EWA) legislation to ensure Maryland workers are able to retain continued access to this valuable employee benefit. This landmark legislation follows...more

Davis Wright Tremaine LLP

Previewing Consumer Financial Enforcement in California During the Second Trump Administration

During the first Trump Administration, in response to federal financial agencies adopting a deregulatory approach, several states became more active in the enforcement of consumer financial statutes and regulations to fill...more

Sheppard Mullin Richter & Hampton LLP

CFPB Withdraws Dozens of Guidance Documents as Part of Deregulatory Push

On May 12, the CFPB formally withdrew nearly 70 guidance materials—including policy statements, advisory opinions, circulars, and interpretive rules—through a Federal Register notice issued by Acting Director Russell...more

Sheppard Mullin Richter & Hampton LLP

Indiana Enacts Earned Wage Access Law 

On May 6, Indiana Governor Mike Braun signed House Enrolled Act No. 1125 into law, making Indiana the latest state to enact a statutory framework for regulating earned wage access (EWA) products. The Indiana Earned Wage...more

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