Is it legal for company to force debit payroll card in Hawaii under law section 388-2(a)?

I was issued a payroll debit card from Sears. The problem happen when I lost the card. I reported the card lost and closed the account. Ten days later my paycheck was deposit in the account. They told me to get a precheck from my employer. When I received it, I wasn't able to activate it. They said because the card is lost, they are unable to activate the precheck. I talked to my HR manager and they said it is issued by her account and should not be a problem. I called the debit payroll card again about this and said that they will activate the check. So, after I got the money out, I called to make sure the account is closed and completely canceled so it would not happen again. They told me the account is already closed immediately after cashing check because they had to reopen the card of the lost account in order to activate the precheck. I was told that the account was going to be canceled and no more funds would be able to get issued. The next paycheck was sent to them again. It is stuck again in the account. They said to have the employer do a payment reversal and I would be able to get a check for this time only but the next check would still be deposited in the debit card again. I asked if I could pay a check processing fee to get a normal check, but they said no, it is Sear’s policy. I told them that there is a Hawaii law that says it is suppose to be voluntary and I can cancel at anytime. They said that this is Sears policy and I have to resign if I don't want to choose. I am filing a complaint with labor board. I don't know if they will uphold the law because earlier I told my aunt to call for me when I was at work to find out the law on this and they told her that as long as they can show that they put the money in an account that shows payment, and the employer can pay us however they want. There is no law requiring me to do direct deposit and there is a law stating the debit payroll cards are permissible under certain requirements which include voluntarily and also that they cancel at anytime. I know some states have paperless paycheck law, that requires workers to choose, but I don't think Hawaii has that law. When I tried to talk about getting the payment reversal, she said she is not going to be doing this all the time and that I have to choose or resign. I said they can fire me but I am not going to resign. So she said then I would not get a schedule.

0 answers  |  asked Dec 18, 2009 9:53 PM [EST]  |  applies to Hawaii

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