• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Payroll

Payroll Alert: Maryland Changes the Rules for Earned Wage Access

Carol Warner
By: Carol Warner
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: July 23, 2026
3 minute engagement
Two HR pros review a paycheck on a phone beside a shield icon, illustrating new earned wage access payroll rules

Maryland added new restrictions to earned wage access (EWA) programs, becoming the latest state to reshape how these services operate. For employers with multistate workforces, it’s another sign that EWA compliance is becoming increasingly state-specific. 

In April, Gov. Wes Moore signed SB 94, significantly overhauling the state’s earned wage access framework. The law takes effect Oct. 1, 2026.

The most notable change for employers is the prohibition on EWA providers soliciting, charging or accepting tips from employees using the service – practices that critics compare to a fee in disguise.  

Under the amended law, EWA providers will be required to disclose in their service contracts that tips are prohibited. They must also offer at least one no-cost access option and explain how to use it. Additional provisions address advertising restrictions, anti-discrimination protections, and a good-faith reliance safe harbor for EWA providers acting on written guidance from state regulators.

If your organization offers EWA to Maryland employees, contact your EWA vendor now and ask what compliance steps it is taking. Confirm that your vendor is removing tipping from its program, will complete any required contract updates before Oct. 1, and will update required employee disclosures.

A Patchwork Getting More Complex

Maryland isn’t alone. Across the country, states are moving quickly to regulate EWA, but they’re not taking the same approach. As of mid-2026, 12 states have enacted EWA-specific legislation, creating an increasingly complex compliance landscape for multistate employers.

Nine states – Arkansas, Indiana, Kansas, Louisiana, Missouri, Nevada, South Carolina, Utah and Wisconsin – have passed laws explicitly stating that EWA is not a loan, typically requiring registration, fee disclosures, and, in many cases, a no-cost option.

Meanwhile, Connecticut and California have enacted laws treating EWA as a form of credit subject to consumer lending rules. Maryland also treats EWA as a form of credit. SB 94 builds on the state’s existing framework by prohibiting tips and expanding disclosure requirements.

Pending Earned Wage Access Legislation

New York has two competing bills in play. The Stop Taking Our Pay Act, introduced in January, would classify all EWA advances as loans subject to the state’s 16% civil usury cap. A separate bill would take the opposite approach, regulating EWA through licensing and disclosure requirements without treating it as credit. Neither has passed.

At the federal level, H.R. 9330, the Earned Wage Access Consumer Protection Act, would classify EWA as non-credit nationwide and preempt state laws that treat EWA as credit. The bill cleared the House Financial Services Committee on June 30, 2026, but has no Senate companion, so its path forward remains uncertain.

Action Steps

Even when an employer uses a third-party EWA provider, compliance responsibility stays with the employer. You’ll want to:

  • Review your EWA vendor contract now for tipping provisions, fee structures and repayment methods before Maryland’s Oct. 1 deadline
  • Confirm your EWA vendor is properly registered or licensed in each state where you have employees (and that your contract reflects that)
  • Map your workforce against the 12 states with EWA-specific laws and identify any gaps in compliance, and
  • Monitor the federal preemption bill. If enacted, it could significantly change the state-by-state compliance landscape.
Filed under
  • Payroll
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

White Papers

Is Your Compensation Management Plan Up to Snuff?

Provided by Marsh

White Papers

Maven’s State of Women’s and Family Health Benefits — 2025 Report

Provided by Maven Clinic

EBOOK, White Papers

The Prevention Mandate: An Employer’s Framework for a Healthier Workforce

Provided by Personify Health

Webinars

Form I-9 Compliance: Meeting Audit Requirements With Confidence

Provided by Paycom

SPONSORED CONTENT

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Benefits

Staff Administration

sponsored content
PEO ROI: 3 Numbers to Know Before You Leave Patchwork HR

Courtesy of TRINET

Talent Management

sponsored content
Employee Retention Strategies: 5 That Work When You Can’t Pay More

Courtesy of INSPIRUS

Further Reading

  • Employment Law
  • Payroll
Payroll Problems Lead to Proposed $162M Settlement in New York

A federal court has approved a proposed $162 million class action settlement between Public Partnerships LLC (PPL) and personal assistants ...

  • Compensation
  • Payroll
New Fringe Benefit Numbers, Other IRS Changes for 2026

The amounts you can exclude from an employee’s gross income for certain fringe benefits will increase for 2026, IRS announced. As you ...

  • Payroll
Minimum Wage for Federal Contractors Increasing Soon

The Department of Labor (DOL) recently issued a Federal Register notice increasing the minimum wage for certain federal contractors. Her...

  • Benefits
  • Payroll
Paycheck Advances Are Consumer Loans, CFPB Says in Proposed Rule

Many paycheck-advance products, such as earned-wage access, are consumer loans, the Consumer Financial Protection Bureau (CFPB) recently st...

  • Payroll
Alaska Payroll Card Rules Are Now in Effect: What Employers Need to Know

Alaska employers may pay wages by payroll card under SB 79, effective July 1, 2026, subject to new compliance requirements. Employers m...

  • Employment Law
  • Payroll
New Veterans Law Makes USERRA Compliance More Crucial

Employers should be aware the federal law that protects veterans and service members has been amended by a new law, making the stakes highe...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.