9. Electronic Payment of wages
On November 17, 2009, the Oklahoma Attorney General issued a formal opinion, Attorney General Opinion
09- 31, regarding payment of wages by electronic means. The payment of wages due an employee by
electronic means is governed by the Federal Electronic Fund Transfer Act (“EFTA”) (15 U.S.C. §§ 1693-
1693r). See 15 U.S.C. § 1693q. The regulation implementing the EFTA, 12 C.F.R. §§ 205-205.18, and the
Official Staff Interpretations supplementing Regulation E (12 C.F.R. pt. 205, supp. I) provide additional
authority in the application of the EFTA to electronic wage payments. See Ford Motor Credit Co. v.
Milhollin, 444 U.S. 555, 567-68 (1980); 15 U.S.C. §§ 1693b, 1693m. The EFTA preempts state law
governing consumer electronic fund transfers to the extent that those laws are inconsistent with the EFTA
and then only to the extent of the inconsistency. See 15 U.S.C. § 1693q.
The Attorney General concluded an employer may require an employee to accept the payment of wages by
direct deposit. However, the employer cannot require a certain bank be used. If the employer’s policy only
allows employees to receive the direct deposits at a certain bank, then they cannot require the employee to
use direct deposit and must offer the option of cash or check. The employer cannot require the use of payroll
debit cards. The employee can choose to use a payroll debit card, but it must be voluntary.
Wage statements (pay stubs) do not have to be written or printed. They can be in electronic form as long as
the method of delivery places no burden on the employee in order to receive the statement. The employer
cannot post the information on the internet and require the employee to login to view the information. No
other examples of what form of delivery would be considered acceptable were listed. The burden on the
employee would depend on the factual circumstances involved.
Regardless of the method of delivery, wages must be payable on demand without discount. Employees
cannot be charged a fee to receive wages by electronic means.
10. If I give notice but don't work the time, does my employer have to pay me anyway?
Oklahoma has no mandatory severance pay law. However, as with any other benefit, severance may be
payable in accordance with the employer’s established policy. Read your employee handbook for specific
policies at your workplace.
11. If I quit or get fired, does my employer have to pay me immediately?
An employer may wait until the next regularly designated pay day regardless of whether you quit or were
fired.
12. Can my employer deduct money from my paycheck?
Deductions can be legal, depending upon the circumstances. If you are concerned that your employer may be
taking illegal deductions, you should contact the state Wage & Hour Unit for more information. Employers
must sign a written agreement with employees in order to make legal deductions from employees’ wages
unless deductions are made pursuant to express statutory authority, such as state and federal tax
withholdings and FICA, or pursuant to a prior valid final judgment by an employer against an employee.
13. I was scheduled to receive a pay raise but never received it. Can I file a wage claim for these back
wages?
Perhaps, you should contact the state Wage and Hour Unit for more information.
14. My employer sent me home early. Is my employer required to pay me for the time I was scheduled
to work?
Probably not as employers are only required to pay non-exempt employees for actual times worked.
However, exempt employees must typically be paid their full salary irrespective of the time actually worked.
For more information about exempt employees contact your nearest U.S. Department of Labor office.
