{
  "name": "State Earned Wage Access (EWA) Regulatory Frameworks \u2014 Classification, Fee Caps, and Licensing Requirements",
  "description": "How is earned wage access regulated in each state? Twelve states have enacted EWA-specific laws as of March 2026, with wide variation: some classify EWA as a loan requiring a consumer lending license, others create a new product category exempt from lending laws. This dataset records each state's product classification, fee caps, licensing or registration requirements, consumer protections, enforcement provisions, and statutory citations.",
  "url": "https://referencesource.org/state-earned-wage-access-regulations/",
  "licence": "unknown",
  "last_verified": "2026-08-17",
  "stale_after": "2027-02-13",
  "sources": [
    "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation"
  ],
  "records": [
    {
      "state": "New York",
      "statute_citation": "A 258",
      "licensing_requirement": "Provides for the licensing and regulation of income access services in the state",
      "id": "a-258-new-york",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/a-258-new-york/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Licensing and Regulation of Income Access Services | Pending | Provides for the licensing and regulation of income access services in the state.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "New York",
      "statute_citation": "A 4918",
      "fee_caps": "Provides interest rate limitations for financing arrangements and the extension of consumer credit",
      "id": "a-4918-new-york",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/a-4918-new-york/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Interest Rate Limitations for Financing Arrangements | Pending | Provides interest rate limitations for financing arrangements and the extension of consumer credit; relates to the definitions of criminal usury in the first and second degrees; relates to the functions of the attorney general regarding rental purchase agreements.",
      "verified_fields": [
        "fee_caps"
      ]
    },
    {
      "state": "New York",
      "statute_citation": "A 682",
      "licensing_requirement": "Relates to the regulation and licensing of employer integrated and non-verified on demand pay providers",
      "id": "a-682-new-york",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/a-682-new-york/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "On Demand Pay Providers | Pending | Relates to the regulation and licensing of employer integrated and non-verified on demand pay providers.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Colorado",
      "statute_citation": "H 1020",
      "id": "h-1020-colorado",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1020-colorado/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Service Provider | Pending | Concerns the regulation of earned wage access services."
    },
    {
      "state": "Washington",
      "statute_citation": "H 1063",
      "licensing_requirement": "Establishes a new chapter for the licensing and regulation of businesses providing earned wage access services",
      "id": "h-1063-washington",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1063-washington/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Licensing and Regulation of Businesses | Pending | Establishes a new chapter for the licensing and regulation of businesses providing earned wage access services.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Missouri",
      "statute_citation": "H 1113",
      "id": "h-1113-missouri",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1113-missouri/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services | Pending | Modifies provisions governing earned wage access services."
    },
    {
      "state": "Indiana",
      "statute_citation": "H 1125",
      "licensing_requirement": "the act is to be administered by the Division of Consumer Credit within the Department of Financial Institutions",
      "id": "h-1125-indiana",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1125-indiana/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "H 1125 | Earned Wage Access Act | Pending | Establishes within the Indiana Code a new chapter, the Indiana Earned Wage Access Act, governing the offering and provision of earned wage access services to state consumers; provides that the act is to be administered by the Division of Consumer Credit within the Department of Financial Institutions;",
      "verified_fields": [
        "licensing_requirement",
        "state",
        "statute_citation"
      ]
    },
    {
      "state": "Maryland",
      "statute_citation": "H 1294",
      "product_classification": "Subjects certain earned wage access products to the state Consumer Loan Law",
      "licensing_requirement": "provides for the licensing or registration of certain entities offering earned wage access products with certain exemptions",
      "fee_caps": "limits the costs and fees associated",
      "id": "h-1294-maryland",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1294-maryland/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access and Credit Modernization | Pending | Subjects certain earned wage access products to the state Consumer Loan Law and other provisions that regulate entities that provide consumer credit, revolving credit, and closed end credit; restricts the acceptance of tips by certain lenders under certain circumstances; provides for the licensing or registration of certain entities offering earned wage access products with certain exemptions; regulates earned wage access service agreements; limits the costs and fees associated.",
      "verified_fields": [
        "fee_caps",
        "licensing_requirement",
        "product_classification"
      ]
    },
    {
      "state": "Mississippi",
      "statute_citation": "H 1307",
      "product_classification": "deemed to not be engaging in lending, money transmission, or debt collection",
      "id": "h-1307-mississippi",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1307-mississippi/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services Act | Failed | Creates the state Earned Wage Access Services Act; provides for definitions; provides requirements for an earned wage access service provider to meet in order to be deemed to not be engaging in lending, money transmission, or debt collection in this state and or in violation of any law governing deductions from payroll, salary, wages, compensation, or other income or the purchase, sale, or assignment of or an order for unpaid income; provides for the purpose of possible amendment.",
      "verified_fields": [
        "product_classification"
      ]
    },
    {
      "state": "North Dakota",
      "statute_citation": "H 1393",
      "id": "h-1393-north-dakota",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1393-north-dakota/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Payday Lending Organizations | Pending | Relates to payday lending organizations; provides a penalty."
    },
    {
      "state": "Arkansas",
      "statute_citation": "H 1517",
      "id": "h-1517-arkansas",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-1517-arkansas/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services | Pending | Establishes the Earned Wage Access Services Act."
    },
    {
      "state": "Texas",
      "statute_citation": "H 2043",
      "id": "h-2043-texas",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-2043-texas/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Regulation of Earned Wage Access Services | Pending | Relates to the regulation of earned wage access services; provides an administrative penalty."
    },
    {
      "state": "Oklahoma",
      "statute_citation": "H 2086",
      "id": "h-2086-oklahoma",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-2086-oklahoma/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Labor | Pending | Relates to labor; enacts the Oklahoma Earned Wage Access Services Act; provides definitions; establishes requirements and prohibitions; defines applicability; provides for codification; provides an effective date.",
      "verified_fields": [
        "state"
      ]
    },
    {
      "state": "Oregon",
      "statute_citation": "H 2131",
      "licensing_requirement": "Requires a license to provide earned income access services in this state",
      "id": "h-2131-oregon",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-2131-oregon/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "License to Provide Earned Income Access Services | Pending | Requires a license to provide earned income access services in this state.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Utah",
      "statute_citation": "H 279",
      "licensing_requirement": "provider registration and renewal",
      "id": "h-279-utah",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-279-utah/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services Act | Pending | Enacts the Earned Wage Access Services Act; enacts provisions related to earned wage access services, including provider registration and renewal; directs the Division of Consumer Protection to administer and enforce the Earned Wage Access Services Act.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Connecticut",
      "statute_citation": "H 5007",
      "licensing_requirement": "Allows earned wage access service by persons licensed by the banking commissioner to provide such service",
      "id": "h-5007-connecticut",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-5007-connecticut/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Service | Pending | Allows earned wage access service; allows earned wage access service by persons licensed by the banking commissioner to provide such service.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Missouri",
      "statute_citation": "H 576",
      "id": "h-576-missouri",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-576-missouri/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services Provisions | Pending | Modifies provisions governing earned wage access services."
    },
    {
      "state": "New Mexico",
      "statute_citation": "H 59",
      "licensing_requirement": "provides for licensure of earned wage access services providers; provides for denial, suspension or revocation of licenses",
      "id": "h-59-new-mexico",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-59-new-mexico/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services Act | Pending | Relates to wage access; enacts the earned wage access services act; provides powers and duties of the financial institutions division of the regulation and licensing department; provides for licensure of earned wage access services providers; provides for denial, suspension or revocation of licenses; provides for hearings and appeals; requires examinations and investigations; sets conditions and restrictions; provides exemptions from the act; grants exclusive jurisdiction to the state.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Kentucky",
      "statute_citation": "H 645",
      "licensing_requirement": "establishes licensing requirements for certain earned income access providers",
      "id": "h-645-kentucky",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-645-kentucky/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Income Access Transactions | Pending | Establishes specified chapter, the Kentucky Financial Services Code, and create new sections thereof to regulate earned income access transactions; defines terms; establishes licensing requirements for certain earned income access providers; establishes requirements for the change of control of a licensee; establishes records requirements for licensees; requires annual and other reports by licensees; permits the commissioner of the Department of Financial Institutions to conduct examinations.",
      "verified_fields": [
        "licensing_requirement",
        "state"
      ]
    },
    {
      "state": "Vermont",
      "statute_citation": "H 99",
      "id": "h-99-vermont",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/h-99-vermont/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Regulating Earned Wage Access Services | Pending | Relates to regulating earned wage access services."
    },
    {
      "state": "Idaho",
      "statute_citation": "S 1119",
      "id": "s-1119-idaho",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-1119-idaho/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "State Earned Wage Access Services | Pending | Adds to existing law to establish the state Earned Wage Access Services Act."
    },
    {
      "state": "Ohio",
      "statute_citation": "S 117",
      "id": "s-117-ohio",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-117-ohio/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services | Pending | Regulates the provision of earned wage access services."
    },
    {
      "state": "Connecticut",
      "statute_citation": "S 1396",
      "id": "s-1396-connecticut",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-1396-connecticut/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned But Unpaid Wage or Salary Income Advances | Pending | Concerns earned but unpaid wage or salary income advances; establishes various requirements concerning earned but unpaid wage or salary income advances."
    },
    {
      "state": "Arizona",
      "statute_citation": "S 1582",
      "licensing_requirement": "Relates to license",
      "id": "s-1582-arizona",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-1582-arizona/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access, Providers and License | Pending | Relates to earned wage access; relates to providers; relates to license.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Kentucky",
      "statute_citation": "S 161",
      "licensing_requirement": "establishes licensing requirements for certain earned wage access services providers",
      "id": "s-161-kentucky",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-161-kentucky/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services | Pending | Establishes Subtitle 13 of KRS Chapter 286, the Kentucky Financial Services Code, and creates new sections to regulate earned wage access services; defines terms; establishes exemptions from the subtitle; establishes licensing requirements for certain earned wage access services providers; establishes requirements for change of control of a licensee.",
      "verified_fields": [
        "licensing_requirement",
        "state"
      ]
    },
    {
      "state": "New York",
      "statute_citation": "S 1726",
      "fee_caps": "Provides interest rate limitations for financing arrangements and the extension of consumer credit",
      "id": "s-1726-new-york",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-1726-new-york/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Interest Rate Limitations for Financing Arrangements | Pending | Provides interest rate limitations for financing arrangements and the extension of consumer credit; relates to the definitions of criminal usury in the first and second degrees; relates to the functions of the attorney general regarding rental purchase agreements.",
      "verified_fields": [
        "fee_caps"
      ]
    },
    {
      "state": "Kansas",
      "statute_citation": "S 248",
      "licensing_requirement": "updating the fingerprinting language for the state banking commissioner for money transmitters and earned wage access services providers",
      "id": "s-248-kansas",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-248-kansas/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Criminal Record Check Information of Hemp Producers | Pending | Relates to requiring criminal history record check information relating to hemp producers to be sent to the state fire marshal, updating the fingerprinting language for the state banking commissioner for money transmitters and earned wage access services providers and authorizing the state gaming agency and attorney general to have access to more criminal history record information.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Mississippi",
      "statute_citation": "S 2496",
      "id": "s-2496-mississippi",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-2496-mississippi/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services Act | Pending | Creates the state Earned Wage Access Services Act; defines terms; sets forth required and prohibited acts applicable to earned wage access services providers; clarifies applicability of the act."
    },
    {
      "state": "Georgia",
      "statute_citation": "S 282",
      "product_classification": "earned wage access services shall not be considered lending activity or money transmission",
      "fee_caps": "provides for fees that may be charged for such services",
      "id": "s-282-georgia",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-282-georgia/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Fair Business Practices Act | Pending | Amends specified title of the official code of the state, the Fair Business Practices Act of 1975, to provide requirements for earned wage access services; provides for fees that may be charged for such services; provides for prohibitions; provides for consumer protections; provides that earned wage access payments are nonrecourse; provides that earned wage access services shall not be considered lending activity or money transmission; provides for definitions.",
      "verified_fields": [
        "fee_caps",
        "product_classification"
      ]
    },
    {
      "state": "Missouri",
      "statute_citation": "S 293",
      "id": "s-293-missouri",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-293-missouri/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Wage Access Services | Pending | Modifies provisions relating to earned wage access services."
    },
    {
      "state": "New York",
      "statute_citation": "S 3332",
      "licensing_requirement": "Provides for the licensing and regulation of income access services in the state",
      "id": "s-3332-new-york",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-3332-new-york/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Licensing and Regulation of Income Access Services | Pending | Provides for the licensing and regulation of income access services in the state.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "New York",
      "statute_citation": "S 4355",
      "licensing_requirement": "Relates to the regulation and licensing of employer-integrated and non-verified on-demand pay providers",
      "id": "s-4355-new-york",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-4355-new-york/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Regulation and Licensing of On-Demand Pay Providers | Pending | Relates to the regulation and licensing of employer-integrated and non-verified on-demand pay providers.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Nevada",
      "statute_citation": "S 44",
      "id": "s-44-nevada",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-44-nevada/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Financial Services | Pending | Relates to financial services; imposes certain duties on providers of certain financial services relating to the safeguarding of customer information; establishes certain standards relating to the financial condition and corporate governance of certain mortgage servicers; requires the commissioner of mortgage lending and the commissioner of financial institutions to adopt certain regulations; provides for penalties."
    },
    {
      "state": "Oregon",
      "statute_citation": "S 481",
      "licensing_requirement": "Requires a license to provide earned income access services in this state",
      "id": "s-481-oregon",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-481-oregon/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Earned Income Access Services | Pending | Requires a license to provide earned income access services in this state.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Washington",
      "statute_citation": "S 5328",
      "licensing_requirement": "Establishes a new chapter for the licensing and regulation of businesses",
      "id": "s-5328-washington",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-5328-washington/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Licensing and Regulation of Businesses | Pending | Establishes a new chapter for the licensing and regulation of businesses; provides earned wage access services.",
      "verified_fields": [
        "licensing_requirement"
      ]
    },
    {
      "state": "Oklahoma",
      "statute_citation": "S 781",
      "id": "s-781-oklahoma",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-781-oklahoma/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Wages | Pending | Relates to wages; creates the Oklahoma Earned Wages Access Services Act; provides short title; defines terms; allows an earned wage access services provider to provide certain services; specifies the services allowed; requires a provider to follow certain provisions; prohibits an earned wage access services provider from providing certain services; specifies prohibited actions; allows for certain exceptions; exempts certain services from this act; provides for codification; provides an effective date.",
      "verified_fields": [
        "state"
      ]
    },
    {
      "state": "Texas",
      "statute_citation": "S 938",
      "id": "s-938-texas",
      "url": "https://referencesource.org/state-earned-wage-access-regulations/s-938-texas/",
      "source": "https://www.ncsl.org/financial-services/earned-wage-access-2025-legislation",
      "source_quote": "Regulation of Earned Wage Access Services | Pending | Relates to the regulation of earned wage access services; provides an administrative penalty."
    }
  ]
}