States are now increasingly shaping policy around earned wage access (EWA) services, a growing financial tool that allows workers to access wages before payday. After the CFPB’s reconsideration of EWA guidance in December 2025 signaled potential shifts in classification of these products, states began taking another look at their own enforcement mechanisms. Reporting from CNBC on EWA oversight highlighted growing scrutiny of EWA services as state regulators examine their structure and consumer impact.
Why It Matters
Earned wage access services have expanded rapidly, raising questions about consumer protections, fee structures, and whether these products resemble traditional lending. Policymakers are now weighing how to balance innovation with safeguards for workers who rely on early wage access.
Recent Key State Actions
Maryland SB 94 is pending action by Democratic Gov. Wes Moore, who has until May 13 to act or it will become law without signature. Provisions in the bill include:
- Tip Restrictions: Prohibits EWA providers from soliciting or retaining tips and requires any tips to be returned within seven days.
- No-Cost Option: Requires providers to offer at least one free wage access option to consumers.
- Transparency Requirements: Mandates clear disclosures of fees, terms, and service limitations.
- Consumer Protections: Prohibits misleading advertising practices and discriminatory conduct.
- Implementation Timeline: If signed, it would take effect October 1, 2026.
Wisconsin AB 1025/Act 199 was signed by Democratic Gov. Tony Evers on April 3 and became effective April 5. Provisions of the new law include:
- Fee Caps: Limits fees to $5 for advances up to $75 and $7.50 for larger advances.
- Inflation Adjustments: Requires fee caps to be updated every five years based on inflation.
- Regulatory Exemptions: Exempts compliant EWA providers from certain state consumer credit laws.
Looking Ahead
The approaches in Maryland and Wisconsin reflect broader experimentation among states. While Maryland emphasizes consumer protections and transparency, Wisconsin focuses on fee limits and regulatory clarity. Other states with legislation currently pending include Arizona, Colorado, Delaware, Georgia, Illinois, Kansas, Massachusetts, Michigan, Minnesota, New Jersey, New York, Ohio, Oklahoma and Vermont. As more states act, a patchwork of requirements may emerge, shaping how providers operate across jurisdictions.
FOCUS will continue to monitor developments on earned wage access services across the country.
by Alexis Sly 4/20/26
