During the 2024 session, the Kansas Legislature passed House Bill 2560 enacting the Kansas Earned Wage Access Services Act (EWA), effective July 1, 2024. The Kansas Office of the State Bank Commissioner (OSBC) has been charged with oversight and enforcement of this statute.
– Applications are now available –
Applicants can review the checklist and submit applications through the
Nationwide Multistate Licensing System (NMLS).
Pursuant to New Sec. 43. of the EWA, “Earned wage access services” means the business of providing consumer-directed wage access services or employer integrated wage access services, or both.
- “Consumer-directed wage access services” means offering or providing earned wage access services directly to consumers based on the consumer’s representations and the provider’s reasonable determination of the consumer’s earned but unpaid income.
- “Employer-integrated wage access services” means the business of delivering to consumers access to earned but unpaid income that is based on employment, income and attendance data obtained directly or indirectly from an employer.
New Sec. 45. of the EWA states, “(a) No person shall engage in or hold such person out as willing to engage in any earned wage access services business with a consumer without registering with the commissioner. Any person required to be registered as an earned wage access services provider shall submit to the commissioner an application for registration on forms prescribed and provided by the commissioner.”
Please review HB2560, specifically sections 43 through 58, that will become the Kansas Earned Wage Access Services Act. It is available in its entirety here, 2024HB2560.
When the bill is published in statute form, it will be available the OSBC’s Consumer & Mortgage Laws & Guidance page.
Thank you for your attention to this matter. Any questions related to EWA can be emailed to the OSBC’s Licensing Department at [email protected].
