Federal
The federal rules, as of today
As of Oct. 18, 2026, the CFPB's position is its Dec. 23, 2025 advisory opinion. It says 'Covered EWA' is not credit under the Truth in Lending Act and Regulation Z. To be Covered EWA, an advance must meet four conditions. It cannot exceed wages already earned, as shown by payroll data. It must be repaid through a payroll deduction at the next payday, not by debiting the worker's bank account after payday. The provider must promise in the contract that it has no legal claim against the worker if the deduction falls short, and that it will not collect, sell the debt or report to credit bureaus. The provider also cannot assess the worker's credit risk. Under this test, both employer-partnered and direct-to-consumer products can qualify, and charging a fee does not disqualify a product. Advances repaid by debiting a bank account after payday fall outside Covered EWA. The CFPB said it is not stating that those products are credit, and it is still considering further steps. The opinion also says that, if an EWA product is credit, expedited delivery fees and bona fide tips are normally not finance charges. They can become finance charges if the provider effectively imposes them, for example by making the free option or skipping a tip too difficult. The opinion is guidance that 'does not have the force or effect of law', though TILA protects providers who act in good faith in conformity with it. No federal EWA statute has been enacted, so state laws and some court rulings may treat these products differently.
From the Federal Register, CFPB and congress.gov, checked 2026-10-18.
Timeline
- 2020-12-10 CFPB: Advisory opinion: Truth in Lending (Regulation Z); Earned Wage Access Programs (85 FR 79404). The CFPB said one narrow type of earned wage access is not 'credit' under the Truth in Lending Act: employer-partnered, free to the worker, limited to wages already earned, with no recourse, no debt collection and no credit checks. It did not decide whether other EWA products are credit. Source
- 2020-12-30 CFPB: Compliance Assistance Sandbox approval order for Payactiv. The CFPB granted Payactiv a sandbox approval order covering its earned wage access product, which then charged a $1 daily access fee, giving it a temporary safe harbor under the Truth in Lending Act and Regulation Z. Source
- 2022-06-30 CFPB: CFPB terminates Payactiv's sandbox approval order. At Payactiv's request, the CFPB ended the 2020 approval order effective immediately so Payactiv could change its fee model. The CFPB said it had earlier told Payactiv it was considering termination over public statements that wrongly suggested a CFPB endorsement. Source
- 2024-07-31 CFPB: Proposed interpretive rule: Consumer Credit Offered to Borrowers in Advance of Expected Receipt of Compensation for Work (89 FR 61358). The CFPB proposed treating paycheck advance products, including those marketed as earned wage access, as credit, and treating expedited delivery fees and, in some circumstances, tips as finance charges. It was never finalized and was formally withdrawn on Dec. 23, 2025. Source
- 2025-01-15 CFPB: Advisory opinion rescinding the 2020 EWA advisory opinion (90 FR 3622). The CFPB rescinded the 2020 advisory opinion. The rescission took no position on whether Regulation Z applies to any form of EWA. Source
- 2025-05-12 CFPB: Withdrawal of guidance documents (90 FR 20084). In a broad withdrawal of guidance documents, the CFPB withdrew both the 2020 EWA advisory opinion and the January 2025 rescission. Source
- 2025-12-23 CFPB: Advisory opinion: Truth in Lending (Regulation Z); Non-application to Earned Wage Access Products (90 FR 60069). The CFPB said 'Covered EWA' is not credit under Regulation Z, whether employer-partnered or direct-to-consumer, and whether free or fee-based, if it meets four conditions, including repayment only through a payroll deduction. It also said expedited delivery fees and bona fide tips are normally not finance charges, and it formally withdrew the 2024 proposed rule. Source
In Congress
- 2024-12-03 U.S. House (118th Congress): H.R. 7428, Earned Wage Access Consumer Protection Act. Rep. Bryan Steil introduced the bill on Feb. 20, 2024. The Financial Services Committee ordered it reported 28-22 on Apr. 17, 2024, and reported it on Dec. 3, 2024 (H. Rept. 118-787). The latest action on Congress.gov is placement on the Union Calendar, with no House floor vote listed. Source
- 2026-09-01 U.S. House (119th Congress): H.R. 9330, Earned Wage Access Consumer Protection Act. Rep. Bryan Steil introduced the bill on June 18, 2026. The Financial Services Committee ordered it reported 29-22 on June 30, 2026, and reported it on Sept. 1, 2026 (H. Rept. 119-790). As of Oct. 18, 2026, the latest action is placement on the Union Calendar, and it has not passed the House. The reported text says compliant EWA, and fees or tips paid for it, are not credit, a loan or a finance charge under federal law. Source
Because the federal position leaves most of the detail to the states, the rules that apply to you depend on where you live: see state rules.