NH Law About... Cashing Pay Checks

Introduction to... Cashing Pay Checks

Posted June 17, 2015. Revised January 31, 2017.

We were recently asked if a bank could charge an employee a fee for cashing a paycheck. The short answer is yes, but ... . An administrative decision by the Department of Labor (linked to below) spells out the "but":

"The law requires that an employer must pay an employee all wages due and owing. RSA 275:43 I (e) places the burden on the employer to issue pay checks that can be cashed locally without cost to the employee. In this case the employer’s bank was charging a service fee to an employee who did not have a personal account at the banking institution. This is an unreasonable burden to put on the employee and should be worked out by the employer." (Case No. 47939, Decision issued: July 18, 2014)

We're used to hearing about court decisions, but administrative agencies make orders and decisions every day that affect people's lives. Historically, agency decisions tended to be much more difficult to find than court decisions. Now, many agencies put their decisions online. Look first at the websites; you can find them through www.NH.gov. If the decisions aren't online, contact the agency to find out if decisions are public and how they can be accessed.  

RSA 275 is a long chapter with many sections. Follow the link below and scroll down the page until you come to sections 42 through 55, Payment of Wages. These sections include definitions, enforcement, time limits to file wage claims, and penalties for employers and remedies for employees. RSA 273:11-a discusses the civil penalties that may be imposed on employers by the department of labor.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney. 


Read about... Cashing Pay Checks

WEBSITES

New Hampshire. Dept. of Labor Wages and Work Hours. FAQ  GO>

Link verified on: January 31, 2017


PRINT

Labor and employment in New Hampshire : a guide to employment laws, regulations, and practices / Jeffrey L. Hirsch, Andrea K. Johnstone. LEXIS Pub., c1999-  GO>

Link verified on: January 31, 2017

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Read the law about... Cashing Pay Checks

NEW HAMPSHIRE STATUTES

RSA 273:11-a. Department of Labor. Civil Penalties  GO>

Link verified on: January 31, 2017

RSA 275:42-55. Protective Legislation. Payment of Wages  GO>

Link verified on: January 31, 2017

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

ADMINISTRATIVE ORDERS

New Hampshire. Dept. of Labor. Wage Claim Decisions. Case No. 47939 (July 18, 2014)   GO>

Link verified on: March 16, 2017


FOR MORE HELP ...

New Hampshire. Dept. of Labor. Wage & Hour Wage Claim Process  GO>

Link verified on: January 31, 2017

United States. Dept. of the Treasury. Office of the Comptroller of the Currency. Interpretive Letter #1054. March 2006.

Link verified on: January 31, 2017

" Fees a bank charges for cashing a check presented by a non-accountholder are sometimes described as convenience fees charged for the service of making funds immediately available to non-customers. The fees also are referred to as ￿on-us check cashing fees￿ or ￿on-us fees.￿ I appreciate this opportunity to explain national banks￿ authority to charge such fees."   GO>

New Hampshire Law Library

Link verified on: May 18, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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