In this episode of Payments Pros, host Carlin McCrory teams up with Hiring to Firing hosts Tracey Diamond and Emily Schifter to explore the emerging world of earned wage access (EWA), or on-demand pay, through the lens of the reality TV show Shark Tank. They examine the Consumer Financial Protection Bureau’s evolving approach, rapidly developing (and sometimes conflicting) state laws, and the wage-and-hour and payroll challenges that can arise when employees access their pay early. The discussion also covers how EWA can serve as a powerful recruitment and retention tool, the risk that a well-intentioned benefit can be viewed as a “loan in sheep’s clothing,” and practical steps HR and in-house counsel can take when vetting vendors or considering in-house EWA programs. Tune in to decide whether EWA is the kind of pitch your HR “sharks” should back — or one that should prompt, “And for that reason, I’m out.”

Transcript: Before You Front the Funds: Benefits and Pitfalls of Earned Wage Access Tools (PDF)

Photo of Carlin McCrory Carlin McCrory

A seasoned regulatory and compliance attorney, Carlin brings extensive experience representing financial institutions, fintechs, lenders, payment processors, neobanks, virtual currency companies, and mortgage servicers.

Photo of Tracey Diamond Tracey Diamond

Tracey is an experienced member of the firm’s Labor + Employment Practice Group. She counsels clients on workplace issues; provides harassment training; conducts internal investigations; drafts policies and procedures; negotiates employment and severance agreements; and advises on independent contractor, FMLA, and ADA compliance

Tracey is an experienced member of the firm’s Labor + Employment Practice Group. She counsels clients on workplace issues; provides harassment training; conducts internal investigations; drafts policies and procedures; negotiates employment and severance agreements; and advises on independent contractor, FMLA, and ADA compliance issues. She partners with clients to structure their workforce in the most efficient and effective way possible to help them achieve their business goals.

Photo of Emily Schifter Emily Schifter

Emily is a partner in the Labor + Employment Practice Group, where she represents clients in a variety of labor and employment-related matters, including employment discrimination, leave, disability accommodation, and wage and hour litigation. Additionally, she counsels employers on many aspects of employment

Emily is a partner in the Labor + Employment Practice Group, where she represents clients in a variety of labor and employment-related matters, including employment discrimination, leave, disability accommodation, and wage and hour litigation. Additionally, she counsels employers on many aspects of employment law and human resources issues, including employee handbooks, policies and restrictive covenants drafted under various states’ laws for a variety of circumstances, including as part of mergers and acquisitions.