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Can we designate where bank employees may deposit their paychecks? – IBA Compliance Connection

Can we designate where bank employees may deposit their paychecks?

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Illinois law prohibits all employers from designating a particular bank at which employees may deposit their paychecks. The Illinois Wage Payment and Collection Act states that “[n]o employer may designate a particular financial institution, bank, savings bank, savings and loan, or currency exchange for the exclusive payment or deposit of a check for wages.” 820 ILCS 115/4. (Note that Regulation E is more permissive, prohibiting such a designation only if the employer designates a particular bank for direct deposit of paychecks. 12 CFR 1005.10(e)(2).) Also, under Regulation E, an employer may “require direct deposit of salary by electronic means” as long as employees can choose the depositary institution, and Illinois law does not appear to prohibit such a policy (provided that a particular bank is not designated as the recipient). Comment 1, Official Staff Commentary, 12 CFR 1005.10(e)(2)