December 11, 2019

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NY Payroll Card Challenge Slated for Oral Argument This Week

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? 

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Stephen Middlebrook Lawyer Womble Bond Dickinson
Of Counsel

Steve advises start-up and established companies on a wide array of legal and business issues arising from the intersection of technological innovation and financial services. He has over more than 20 years of experience helping clients navigate complex regulatory and compliance matters, including licensing, consumer protection, anti-money laundering, data privacy and security. He has helped clients interact with regulators and respond to inquiries at the state and federal level. In addition, he has assisted businesses in negotiating agreements for processing services,...

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Tom Kierner Lawyer Womble Bond Dickinson Atlanta Fintech IP Data Privacy Payment Systems
Associate

Tom Kierner is a transactional attorney with a background in payment systems and financial regulations.  He is a member of the firm’s FinTech and IP Transaction teams in Atlanta.

Tom advises his clients on the dynamic regulatory and legal landscape for FinTech and payments companies. He also assists his clients in negotiating and drafting agreements with banks, processors, and other service providers.

He has experience handling data privacy matters on behalf of clients, including managing data breach responses. He also has experience responding to inquiries and enforcement actions brought by state and federal agencies, including the Consumer Financial Protection Bureau (CFPB), various state attorneys general, and state banking divisions.  

As former in-house counsel at two financial services companies, Tom provided regulatory guidance to his clients to maintain compliance with state and federal requirements, including advising on planned advertising and promotional activities to ensure compliance with consumer and privacy laws.  He also oversaw his clients’ consumer arbitration process, successfully disposing of the majority of arbitration demands outside the costly arbitration process, and managed a portfolio of state money transmitter licenses, including reporting and responses to regulatory inquiries.  

Tom is a Certified Information Privacy Professional (CIPP/US).  

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