Glossary
Payroll & Recordkeeping

Direct Deposit

Electronic transfer of employee wages directly into their bank account, subject to California's voluntary consent and access requirements.

What Is Direct Deposit?

Direct deposit is an electronic payment method that transfers employee wages directly from the employer's bank account into the employee's designated bank account. Also known as electronic funds transfer (EFT), direct deposit has become the most common way employers pay wages in California.

While direct deposit offers convenience for both employers and employees, California Labor Code Section 213 establishes specific requirements that employers must follow. Most importantly, direct deposit must be voluntary - employers cannot require employees to receive their wages electronically.

California Direct Deposit Requirements

Voluntary Participation

California law requires that direct deposit be genuinely voluntary:

Requirement Details
Employee consent Must be obtained before enrollment
Written authorization Employee should sign enrollment form
Right to revoke Employee can opt out at any time
No coercion Cannot condition employment on direct deposit
Alternative available Must offer check or other payment method

What "Voluntary" Means

Employers cannot:

  • Make direct deposit mandatory for new hires
  • Threaten discipline for refusing direct deposit
  • Withhold other benefits based on payment method choice
  • Pressure employees to enroll
  • Make paper checks inconvenient as a pressure tactic

Employers can:

  • Encourage direct deposit enrollment
  • Explain benefits to employees
  • Provide incentives (though this must be done carefully)
  • Make enrollment easy and convenient

Setting Up Direct Deposit

Required Information

To establish direct deposit, employers need:

Information Purpose
Bank name Identify receiving institution
Account number Identify specific account
Routing number Bank identification for transfers
Account type Checking or savings designation
Employee authorization Signed consent form

Authorization Form Best Practices

A compliant direct deposit authorization should include:

Required Elements:

  • Employee name and identification
  • Bank account information
  • Clear statement that enrollment is voluntary
  • Acknowledgment that employee can revoke at any time
  • Employee signature and date
  • Effective date of direct deposit

Sample Authorization Language:

DIRECT DEPOSIT AUTHORIZATION

I hereby authorize [Employer Name] to deposit my net pay
electronically into the bank account specified below.

I understand that:
- This authorization is voluntary
- I may revoke this authorization at any time by
  providing written notice to payroll
- Direct deposit will begin within [timeframe] after
  this authorization is received

Bank Name: _______________________
Account Type: [ ] Checking  [ ] Savings
Routing Number: __________________
Account Number: __________________

Employee Signature: _________________ Date: _________

Processing Timeline

Event Typical Timeline
Authorization received Day 0
Verification completed 1-3 business days
First direct deposit Next pay period or following
Revocation processed Next pay period after notice

Employer Obligations

Financial Institution Requirements

Under Labor Code 213, employers must use a financial institution that:

  • Is located in California
  • Has a branch or office within the state
  • Can provide employee access to wages without fee

No-Fee Access Requirement

Employees must be able to access their wages without charge:

Requirement Employer Obligation
Free withdrawals At least one per pay period
No account fees Employer cannot require fee-based accounts
Accessible location Bank must be reasonably accessible
Full wage access No restrictions on withdrawal amount

Wage Statement Requirements

Even with direct deposit, employers must provide:

  • Itemized wage statement with each payment
  • Statement on or before payday
  • Electronic statement only with additional consent
  • Paper statement available upon request

Timing and Availability

Payday Access

Wages must be available to employees on payday:

Scenario Requirement
Regular payday Funds must be available
Payday falls on holiday Funds available on prior business day
Bank processing delay Employer should plan for lead time
Final pay Must meet termination deadlines

Processing Timelines

Employers should understand ACH processing:

Step Timeline
Employer initiates transfer 1-2 days before payday
ACH processing 1-2 business days
Funds available On payday
Same-day ACH Available for additional fee

Holiday Considerations

When payday falls on a bank holiday:

  • Funds should be available before the holiday
  • Many employers use same-day ACH
  • Employees should not have to wait until after holiday
  • Plan payroll processing accordingly

Split Direct Deposits

Multiple Account Deposits

California employees may request wages deposited to multiple accounts:

Configuration Common Use
Primary account Main spending account
Secondary account Savings or emergency fund
Third account Joint account or other purpose

Employer Obligations

  • Must honor reasonable split deposit requests
  • Can limit number of accounts (typically 2-4)
  • Should specify limits in policy
  • Cannot charge employees for split deposits

Authorization for Split Deposits

SPLIT DEPOSIT AUTHORIZATION

Account 1 (Primary):
Bank: _____________ Routing: _____________ Account: _____________
Amount: [ ] Percentage ___% OR [ ] Flat amount $_____

Account 2 (Secondary):
Bank: _____________ Routing: _____________ Account: _____________
Amount: [ ] Remainder OR [ ] Flat amount $_____

Payroll Cards (Pay Cards)

What Are Payroll Cards?

Payroll cards are employer-provided debit cards onto which wages are loaded each pay period. They offer a middle ground between paper checks and direct deposit.

California Requirements for Payroll Cards

Requirement Details
Voluntary enrollment Same as direct deposit
No fees for wage access Must be able to withdraw full wages free
FDIC insured Funds must be protected
Clear disclosures All terms must be explained
Alternative offered Check must remain available

Fee Restrictions

Employees using payroll cards must have:

  • At least one free withdrawal per pay period
  • No point-of-sale transaction fees (paid by employer)
  • No monthly maintenance fees (or employer-paid)
  • Clear fee schedule provided in advance
  • Access to balance information without charge

Payroll Card Best Practices

Do Don't
Provide complete fee disclosure Hide fees in fine print
Offer true check alternative Make check option burdensome
Ensure free wage access Require fee-based ATM use
Get explicit written consent Auto-enroll employees
Allow easy opt-out Make switching difficult

Direct Deposit and Final Pay

Final Wages via Direct Deposit

When employment ends, direct deposit may still be used if:

  • Previous authorization is still in effect
  • Employee has not revoked authorization
  • Timing meets final pay requirements
  • Employee account remains open

Final Pay Considerations

Termination Type Direct Deposit Timing
Voluntary with 72+ hours notice Must be available on last day
Voluntary with less notice Must be available within 72 hours
Involuntary termination Must be available immediately

Challenges with Electronic Final Pay

Potential issues to address:

  • Bank processing may not be immediate
  • May need to issue manual check for immediate terminations
  • Employee's bank account may be closed
  • Authorization may have been revoked

Best Practice: Have capability to issue manual checks for terminations where direct deposit timing cannot meet legal requirements.

Changing or Canceling Direct Deposit

Employee-Initiated Changes

Employees have the right to:

Change Process
Change bank accounts Submit new authorization
Switch to paper check Submit revocation
Modify split deposits Update authorization
Cancel enrollment Provide written notice

Processing Change Requests

Event Recommended Timeline
Change request received Acknowledge promptly
Verification of new account 1-3 days
Implementation Next full pay period
Confirmation to employee Before effective date

Employer-Initiated Changes

Employers may change direct deposit programs but must:

  • Provide advance notice to employees
  • Continue to offer voluntary participation
  • Ensure new system meets California requirements
  • Not disrupt employee wage access

Troubleshooting Direct Deposit Issues

Common Problems and Solutions

Problem Solution
Deposit not received Verify account info; check processing
Wrong amount deposited Review payroll; issue correction
Deposit to wrong account Recall if possible; verify authorization
Bank returned deposit Contact employee; issue check
Delayed deposit Investigate processing issue

Failed Deposits

When direct deposit fails:

  1. Notify employee immediately of the issue
  2. Determine cause (closed account, invalid info, etc.)
  3. Issue replacement payment by check if needed
  4. Meet payment deadlines regardless of failure
  5. Update records to prevent recurrence

Bank Account Closures

If employee's bank account is closed:

  • Deposit will be returned to employer
  • Must issue replacement payment promptly
  • Obtain updated banking information
  • Consider issuing paper check until resolved

Record Keeping Requirements

Required Documentation

Employers should maintain:

Document Retention Period
Direct deposit authorizations Duration of employment + 3 years
Banking information changes Duration of employment + 3 years
Revocation notices 3 years
Failed deposit records 3 years
Payroll records 3 years

Security Requirements

Protect employee banking information:

  • Limit access to authorized personnel
  • Use encrypted storage systems
  • Implement secure transmission methods
  • Train staff on data security
  • Have breach response procedures

Direct Deposit Benefits

For Employers

Benefit Impact
Reduced processing costs No check printing, handling
Faster reconciliation Automatic bank records
Improved security No lost or stolen checks
Better record keeping Electronic audit trail
Environmental benefit Less paper waste

For Employees

Benefit Impact
Faster access Funds available on payday
Convenience No trip to bank to deposit
Safety No check to lose or have stolen
Reliability Deposit happens even when traveling
Savings option Split deposits facilitate savings

Compliance Checklist

Enrollment

  • Written authorization obtained from employee
  • Voluntary nature clearly communicated
  • Alternative payment method available
  • Authorization form properly completed
  • Bank information verified

Ongoing Compliance

  • Wage statements provided with each deposit
  • Funds available on payday
  • Free access to wages ensured
  • Changes processed timely
  • Records maintained properly

Termination

  • Final pay timing requirements met
  • Manual check capability available if needed
  • Authorization status verified
  • Final wage statement provided

It’s time to protect your business—before it’s too late.