New York 2025-2026 Regular Session

New York Assembly Bill A09644

Introduced
1/21/26  

Caption

Clarifies that all wage and cash advances against salary or future pay are loans subject to the interest rate cap in the general obligations law.

Impact

If enacted, A09644 would affect employees across New York by ensuring that any wage advances they take do not exceed the legally prescribed interest rates. This could lead to significant economic relief for workers who may rely on these cash advances in times of need without falling prey to predatory lending practices. The clarification that future wages can be considered a source of repayment is particularly important in the context of financial services provided to low- and middle-income workers, who are often the most vulnerable to high interest rates on loans.

Summary

A09644, also known as the 'Stop Taking Our Pay Act', aims to amend New York's general obligations law by clarifying that all cash advances on wages or salaries are considered loans and are subject to the state-mandated interest rate caps. The bill specifies that any finance charges associated with these advances, whether voluntary or otherwise, must adhere to the cap set out in the law, thereby protecting employees from excessive interest rates and hidden fees related to their wages. The legislative intent is to enhance transparency regarding the costs associated with wage advances, making sure employees are informed about any charges applied to them.

Contention

The bill has sparked discussions among stakeholders regarding its potential impact on financial institutions and their lending practices. Proponents argue that it will safeguard employees' financial well-being and provide a clearer framework for wage advances. However, critics have raised concerns that overly strict regulations could lead institutions to limit the availability of cash advances altogether, thus restricting worker access to essential financial resources. The ongoing debate highlights the tension between enhancing consumer protections and ensuring that financial services remain accessible.

Notable_points

Overall, A09644 seeks to modernize and protect workers' rights pertaining to their earnings, addressing a growing need for regulation in the face of evolving financial practices. Should it pass, this bill may also serve as a model for other states aiming to reform their own labor and finance laws, reflecting a broader movement toward wage protection in the face of economic challenges.

Companion Bills

NY S08939

Same As Clarifies that all wage and cash advances against salary or future pay are loans subject to the interest rate cap in the general obligations law.

Previously Filed As

NY S08939

Clarifies that all wage and cash advances against salary or future pay are loans subject to the interest rate cap in the general obligations law.

NY S10127

Extends the interest rate caps and criminal usury framework to covered services including but not limited to, retail installment contracts, merchant cash advances, invoice financing, revenue-based financing, or any transaction that in substance functions as the advance of funds in exchange for a future payment or obligation, regardless of the label assigned to such transaction.

NY A09278

Provides that all Palisades Interstate park state lands in the county of Ulster shall be subject to taxation for all purposes.

NY S08704

Provides that all Palisades Interstate park state lands in the county of Ulster shall be subject to taxation for all purposes.

NY SB01396

An Act Concerning Earned But Unpaid Wage Or Salary Income Advances.

NY S07437

Prohibits agreements between employers that directly restrict the current or future employment of any employee; allows for a cause of action against employers who engage in such agreements.

NY AB51

Education finance: General Fund cashflow loans: Inglewood Unified School District: interest waivers.

NY HF3448

Consumer small and short-term loans clarified to include earned wage access payday loans.

NY A10475

Relates to authorizing counties to set interest rates imposed on late payment of property taxes and delinquencies and redemption of property subject to more than one tax lien.

NY A09404

Relates to the prohibition of lending institutions issuing mail-loan checks except in response to an affirmative request or application therefor; provides that any debt, interest, fee or other obligation arising from a mail-loan check issued in violation of this section shall be null and void and unenforceable.

Similar Bills

No similar bills found.