New Hampshire: Direct Deposit and Payroll Card Requirements
The short answer
No. When a New Hampshire employer uses electronic fund transfer, direct deposit, or a payroll card, it must also offer payment by a full-face-value check; direct deposit requires written employee authorization, and a payroll card requires separate voluntary written consent. A card program must disclose all options, terms, known fees, and possible third-party fees, provide one free full-balance withdrawal per pay period, keep employer card costs off the employee, and allow card discontinuation at any time without penalty.
Ask Ezel about your situation
This is the general rule in New Hampshire. Ezel applies current New Hampshire law to your specific facts and answers with citations to the statutes.
| Governing law and coverage | RSA ch. 275 payment-of-wages subdivision, especially RSA 275:42-:53; covers employees permitted or directed to work and private employers, with express exclusions for domestic labor in employer's home, farm labor where fewer than 5 are employed, and listed worker categories |
|---|---|
| Permitted wage-payment methods | Lawful U.S. money; electronic fund transfer; written-authorized direct deposit to employee-chosen bank; compliant payroll card; or full-face-value check cashable at convenient financial institution (RSA 275:43 I) |
| Direct-deposit mandate or employee opt-out | Electronic fund transfer, direct deposit, and payroll card cannot be the only method because employer electing any must offer full-face-value check. Direct deposit needs written authorization; card needs voluntary written consent and cannot be condition of hire/continued work (RSA 275:43 I(c)-(e), II(b)) |
| Consent, notice, revocation, and change timing | Direct deposit: written employee authorization. Card: signed voluntary consent including terms/conditions; changed card terms or fees require written notice and renewed written assent. Employee may discontinue card anytime without penalty; no statutory implementation deadline (RSA 275:43 II(b)-(d)) |
| Employee choice of bank or account | Employee chooses bank for direct deposit. Statute does not give employee card-issuer choice; payroll card is issued/accepted by financial institution, but employee retains full-face-value check option (RSA 275:42 VIII; RSA 275:43 I(c), (e)) |
| Payroll-card disclosures, records, and fees | Plain-language written disclosure of all payment options, card terms/conditions, complete itemized list of all known employer/issuer fees, and possible third-party transaction fees. Expiring card requires free replacement before expiration; employer pays fee increases charged before change notice and cannot pass employer card/account costs to employee (RSA 275:43 I(d), II(a), (c)) |
| Fee-free full-wage access and alternative payment | At least 1 free means each pay period to withdraw up to full card/account balance at financial institution or other location convenient to workplace. Employer costs cannot pass through. Full-face-value check must remain available; employee may leave card anytime without penalty (RSA 275:43 I(d)-(e), II(d)) |
| Final pay, enforcement, and remedies | Authorized method may follow regular channels for quit/layoff; discharge due within 72 hours, quit next payday unless advance notice triggers 72 hours, layoff next payday (RSA 275:44). Commissioner investigates and adjudicates wage claims within 36 months; employee may sue for unpaid wages/liquidated damages, costs, and possible fees; willful chapter violation is misdemeanor (§§ 275:51-:53) |
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Requirements one by one
Every electronic method retains the check option
RSA 275:43 I lists electronic fund transfer, written-authorized direct deposit,
and payroll card as permitted methods. But if the employer selects any of those
three methods, it “shall offer employees” a check that can be cashed for the
full wages due at a financial institution convenient to the workplace.
That makes paper check the statutory opt-out. An employer cannot turn the
permission to offer electronic wage delivery into an electronic-only payroll.
Direct deposit and payroll card use different consent rules
Direct deposit requires “written authorization of the employee to banks of the
employee's choice.” The statute does not state an electronic-signature option,
a revocation deadline, or a fixed implementation period for a direct-deposit
change. The required check option remains available.
Payroll card requires a separate signed written consent. The consent must
include the card account's terms and conditions, must be voluntary, and cannot
be a condition of hire or continued employment.
Changed card terms require more than notice. The employer must give written
notice, including an itemized list of changed fees, and obtain the employee's
written assent to continue card payment under the new terms. The employer bears
fee increases charged before giving that notice.
The disclosure covers every option, term, and known fee
Before card use, the employee receives plain-language written disclosure of
all payment options, the card terms and conditions, a complete itemized list of
all known employer or issuer fees, and a statement whether third parties may
charge additional transaction fees.
An expiring card is allowed only if the employer agrees to provide a free
replacement before expiration. New Hampshire does not add a statutory balance-
inquiry service, transaction-history period, overdraft ban, inactivity-fee ban,
or minimum ATM network.
One free path must reach the full card balance
Each pay period, the employer must provide at least one free means to withdraw
up to the full card or account balance at a financial institution or another
location convenient to the workplace. Employer costs associated with the card
or account cannot be passed to the employee.
The employee may discontinue payroll-card receipt at any time without penalty.
The statute does not set a number of days or pay periods for implementing that
choice, but the paper-check option already remains available.
Final wages keep the ordinary deadlines and remedies
For a quit or layoff, RSA 275:44 expressly permits the regular pay channels,
which may include a still-authorized method, or mail on request. A discharge
must be paid within 72 hours; an ordinary quit is due next regular payday unless
one pay period's advance notice triggers a 72-hour deadline; a layoff is due
next regular payday.
Under RSA 275:51, the Labor Commissioner may investigate subdivision
violations and adjudicate wage claims filed within 36 months. RSA 275:53
permits an employee action for unpaid wages or liquidated damages and possible
costs and reasonable attorney fees. A willful RSA 275:43 violation or willful
failure to comply with another chapter requirement is a misdemeanor under RSA
275:52.
What trips people up
Electronic fund transfer is not a paperless mandate. The check option
applies to electronic fund transfer, direct deposit, and payroll card.
Card changes require renewed consent. Written notice alone is insufficient;
the employer must also obtain written assent to the changed terms.
The free-access rule is one full-balance path, not unlimited free use. New
Hampshire does not require every withdrawal, ATM, or transaction to be free.
Common questions
May I choose my direct-deposit bank?
Yes. RSA 275:43 I(c) places the bank choice with the employee.
Can I leave a payroll-card program?
Yes. The employer must allow discontinuation at any time without penalty, and
the statutory check option remains available.
Who pays a card-fee increase before I receive notice?
The employer is responsible for an increased fee charged before it provides
the written change notice required by RSA 275:43 II(c).
Statutes and sources
- RSA 275:42-:43. Coverage, payroll-card definition, permitted methods,
check alternative, direct-deposit authorization, card consent, disclosures,
changed terms, fees, free full-balance access, and discontinuation. Official
RSA 275:42 and official
RSA 275:43 (accessed July
15, 2026). - RSA 275:44. Final-wage timing and regular-channel/mail provisions.
Official statute
(accessed July 15, 2026). - RSA 275:51-:53. Commissioner investigation and wage-claim process,
misdemeanor, employee action, costs, and attorney fees. Official RSA
275:51, official RSA
275:52, and official
RSA 275:53 (accessed
July 15, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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