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<section article="gcl" article_name="Commercial Law" number="12-1501" title_number="12" title_name="Credit Regulations" subtitle_number="15" subtitle_name="Earned Wage Access">
  <level label="a">
    <text>In this subtitle the following terms have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Bank” has the meaning stated in § 1–201 of this article.</text>
  </level>
  <level label="c">
    <text>“Consumer–directed earned wage access” means delivery to a consumer of access to unpaid but earned wages:</text>
    <level label="1">
      <text>That is provided to a consumer by a third party who does not have a relationship with the consumer’s employer;</text>
    </level>
    <level label="2">
      <text>That is based on employment, income, or attendance data obtained directly from the consumer; and</text>
    </level>
    <level label="3">
      <text>Where the consumer does not pay the provider interest.</text>
    </level>
  </level>
  <level label="d">
    <text>“Consumer reporting agency” has the meaning stated in § 14–1201 of this article.</text>
  </level>
  <level label="e">
    <text>“Earned wage” means salary, wages, compensation, or other income earned:</text>
    <level label="1">
      <text>On an hourly, project–based, piecework, or other basis; or</text>
    </level>
    <level label="2">
      <text>Through services rendered as an independent contractor.</text>
    </level>
  </level>
  <level label="f">
    <text>“Earned wage access” means:</text>
    <level label="1">
      <text>Consumer–directed earned wage access; or</text>
    </level>
    <level label="2">
      <text>Employer–integrated earned wage access.</text>
    </level>
  </level>
  <level label="g">
    <text>“Employer–integrated earned wage access” means delivery of unpaid but earned wages:</text>
    <level label="1">
      <text>That are provided to a consumer directly by a person the employer has contracted to provide the service;</text>
    </level>
    <level label="2">
      <text>That are determined based on employment, income, or attendance data obtained directly or indirectly from the consumer’s employer, including a payroll service provider; and</text>
    </level>
    <level label="3">
      <text>Where the consumer does not pay the provider interest.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>“Fee” means:</text>
      <level label="i">
        <text>A fee imposed by a provider for delivery or expedited delivery of earned wage access to a consumer; or</text>
      </level>
      <level label="ii">
        <text>A subscription or membership fee imposed by a provider for a group of services that includes earned wage access.</text>
      </level>
    </level>
    <level label="2">
      <text>“Fee” does not include a voluntary tip, gratuity, or other donation.</text>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>“Interest” has the meaning stated in § 12–101 of this title.</text>
    </level>
    <level label="2">
      <text>“Interest” does not include a fee imposed by an earned wage access provider licensed under Title 11, Subtitle 2 of the Financial Institutions Article.</text>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>“Loan” has the meaning stated in § 12–101 of this title.</text>
    </level>
    <level label="2">
      <text>“Loan” includes earned wage access, subject to the provisions of this subtitle.</text>
    </level>
  </level>
  <level label="k">
    <text>“Payroll period” means a period of time during which a consumer earns wages that an employer owes to the employee at the end of the period.</text>
  </level>
  <level label="l">
    <text>“Proceeds” means a payment to a consumer by a provider that is based on unpaid but earned wages.</text>
  </level>
  <level label="m">
    <level label="1">
      <text>“Provider” means a person who provides to consumers either consumer–directed earned wage access or employer–integrated earned wage access.</text>
    </level>
    <level label="2">
      <text>“Provider” does not include:</text>
      <level label="i">
        <text>A service provider, such as a payroll service provider, that may verify the available earnings of a consumer but that is not contractually obligated to fund any proceeds delivered as part of an earned wage access service; or</text>
      </level>
      <level label="ii">
        <text>An employer that offers a portion of salary, wages, or other compensation directly to its employees or independent contractors before a normally scheduled pay date for a payroll period.</text>
      </level>
    </level>
  </level>
  <level label="n">
    <text>“Tip” has the meaning stated in § 12–101 of this title.</text>
  </level>
  <level label="o">
    <text>“Wages” has the meaning stated in § 12–101 of this title.</text>
  </level>
</section>
