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APA Testifies on Utah Proposed Earned Wage Access Bill

BY: Alice P. Jacobsohn, Esq. | 11/15/21

In October, the APA testified before the Utah Senate Business and Labor Interim Committee on Earned Wage Access Services Act amendments. APA supported the concepts of transparency and consumer protections in the legislation but questioned vague language in the bill.

The bill, sponsored by state Sen. Curtis Bramble, includes provisions for earned wage access (EWA) provider registration and reporting, restrictions on provider operations, state agency oversight, and annual agency reporting to the governor and legislature on providers operating in Utah. During the hearing, Sen. Bramble said that the intent of the draft bill is not to prevent EWA services in the state but to prevent predatory practices.

APA Comments

The APA expressed that payroll professionals would like to see greater recognition of regulatory issues and employer-based models in proposed legislation on EWA. For example, bill language refers to withholding requirements through “a legal or equitable procedure.” This term does not identify who is responsible for this procedure and what the procedure entails.

The APA said EWA services are an evolving technology that is in high demand by employees. Employers, especially in the current labor market, are seeking services to offer employees greater choice about their pay. The APA offered to assist Utah legislators to further develop the bill.

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Alice P. Jacobsohn, Esq., is Director of Government Relations for the APA.