Those who don’t eat, sleep, and breathe developments in payroll card law (and what an empty life that must be) would be forgiven if they lost track of what’s going on in New York. The New York Department of Labor (NYDOL) issued payroll card regulations a little more than three years ago. Since then, the regs have been the subject of litigation, which may be coming to a close soon. 
The regulations broadly prohibit many fee types and establish onerous burdens on the employer, including difficult-to-comply-with language disclosures and mandatory cooling-off periods. The NYDOL prevailed at the lower court, and Global Cash Card appealed. We’ve known for a while now that the appeal was calendared for the November term, and it now appears that oral arguments are scheduled for later this week – November 13. Each side gets 10 minutes to present their argument.
After that, we wait for a decision. Will Global Cash Card prevail? Will the decision be further appealed to New York’s highest court? What will the state of payroll card regulations be in New York? These questions and many others will be answered in the next post.