As you may be aware, the Kansas Legislature recently passed House Bill 2560 enacting the Kansas Earned Wage Access Services Act (EWA), with an effective date of July 1, 2024. The Kansas Office of the State Bank Commissioner (OSBC) has been charged with oversight and enforcement of this statute.
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 be advised that those providing earned wage access services in Kansas must comply with requirements of the EWA as of July 1, 2024. The OSBC is currently working on projects related to the recent law changes, including the application forms and requirements for registration to provide EWA services. New Sec. 45(f) states “Not later than the first day of the sixth month beginning after the effective date of this act, the commissioner shall prescribe the form and content of an application for registration to provide earned wage access services pursuant to this act.” Registration will take place by way of the Nationwide Multistate Licensing System (NMLS). All information regarding EWA will be posted on our website once available.
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, HB2560.
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].
Kansas Earned Wage Access Legislation
