I’ve lived in Brooklyn for nearly a decade, and like many New Yorkers across the state, I’ve learned that with the cost of living continuing to skyrocket, it’s that living here means mastering the hustle. The cost of living isn’t just a New York City problem. It’s a statewide challenge. Whether you’re a freelance photographer in the Adirondacks, a rideshare driver in Rochester, or a hairdresser in the Hudson Valley, the reality is the same: unpredictable income and rising costs make it harder than ever to keep up.
That’s why I started using earned wage access (EWA), a tool that lets workers access a portion of their paycheck before payday without any interest. For someone like me, it’s been a game-changer, even with a stable job. Instead of stressing over how to cover an unexpected expense without waiting for payday, EWA gives me the flexibility to bridge the gap and stay on track. When my ConEd bill hit a few days before payday last winter, EWA let me cover it immediately instead of risking an overdraft fee just to keep the lights on… and I’m not alone. Tens of thousands of New Yorkers choose to use EWA every week to navigate the city’s high cost of living over other alternatives that would otherwise ruin their financial situations.
But now, instead of securing this tool for workers, some lawmakers want to restrict access. Senator Samra Brouk and Assemblymember Steven Raga have introduced the “Stop Taking Our Pay Act” (S8939/A9644), legislation that would treat EWA advances as loans subject to New York’s 25% interest rate cap. Recent activist reports have fueled confusion by claiming EWA users have paid hundreds of millions in “fees.” As a regular EWA user, I can tell you that number is misleading, bundling together voluntary tips and instant transfer fees that are no different from what you’d see on Venmo or CashApp. That’s not predatory lending. It’s the cost of financial flexibility in a city where timing matters.
What concerns me is that these proposals treat all fees as predatory interest rates, misunderstanding how the product actually works. EWA isn’t borrowing, because there’s no debt, no interest, no loans. I’m simply accessing money I’ve already earned. Applying traditional loan calculations to instant transfer fees makes about as much sense as calling your ATM fee a high-interest loan.
What worries me more is the disconnect. Real people across this state—from Rochester to the Bronx—are using this product in real life because it helps us manage unpredictable expenses. When lawmakers propose restrictions without talking to actual users, it raises a simple question: who are they listening to? Not the workers who rely on these tools every day.
That’s why I support the bill introduced by Senator Jeremy Cooney and Assemblymember Clyde Vanel. Their proposal (S3332A and A258A) takes the right approach. The legislation would finally bring regulatory clarity to EWA by banning tip suggestions, capping fees, and requiring providers to be licensed. It protects workers like me while making sure these tools are held to smart, transparent standards. Just as importantly, it clears up the legal gray area that’s left both users and providers uncertain about the rules. Lawmakers in Washington are recognizing the same need for clarity, including New York leaders like Representative Ritchie Torres, who introduced federal legislation to establish nationwide consumer protections for earned wage access while making clear that accessing wages you’ve already earned shouldn’t be treated like taking out a loan.
If lawmakers don’t act, the alternative isn’t safety. It’s scarcity. Lawmakers who lump EWA in with payday loans are missing the point. We’re not asking for predatory products. We’re asking for modern tools that help us manage modern lives.
Workers won’t suddenly stop facing emergencies if EWA disappears. We’ll be forced to turn to credit cards with double-digit interest rates, overdraft fees, or payday lenders that charge far more than any instant transfer fee ever could. Restricting access won’t eliminate demand. It will just push people toward worse options.
Freelancers make up 36% of New York City’s workforce, and the number is growing statewide. Whether we’re in Buffalo, Albany, or the Bronx, gig workers need tools that match the hustle, not outdated systems that assume everyone gets paid on a fixed schedule.
At a time when costs are going up across the board, the last thing we need is Albany making it harder to stay afloat.
To state lawmakers: New Yorkers deserve protection and access. Support Senator Cooney and Assemblymember Vanel’s bill. Give us clear rules of the road, and make sure financial tools like earned wage access are safe, transparent, and here to stay.
Tim Victor is an event coordinator and freelancer living in Brooklyn, New York.
