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Cashing Pay Checks

Reviewed 11/21/2023
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Introduction

We were asked if a bank could charge someone a fee for cashing a paycheck when they don't have an account at the bank. Yes, the bank can charge a fee but that doesn't mean that the employee has to lose money. An administrative decision by the New Hampshire Department of Labor spells it out:

"The law requires that an employer must pay an employee all wages due and owing. RSA 275:43 I (e) places the burden on the employer to issue pay checks that can be cashed locally without cost to the employee. In this case the employer’s bank was charging a service fee to an employee who did not have a personal account at the banking institution. This is an unreasonable burden to put on the employee and should be worked out by the employer." (Case No. 47939, Decision issued: July 18, 2014)

We're used to hearing about court decisions, but administrative agencies make orders and decisions (like the one linked to above) every day that affect people's lives. Historically, agency decisions tended to be much more difficult to find than court decisions. Now, many agencies put their decisions online. Look first at the agency's website; you can find a list of agencies through NH.gov. If the decisions aren't online, contact the agency to find out if decisions are public and how they can be accessed.  

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This website is created and maintained by a team that includes both non-lawyers and licensed attorneys. The information provided here is for educational and informational purposes only and is not intended to replace the role of an attorney or to act as legal advice. The application of law to the specific facts of your case can be complex. You should consult with qualified local legal counsel who practices in the relevant field of law for advice regarding any legal matters or questions related to your specific situation.