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Are workplace loans the new payday loans?

Published: Tuesday, May 20 2014 8:25 p.m. MDT

Updated: Monday, May 26 2014 10:30 p.m. MDT

Workplace loans can be an alternative to payday loans or too similar to them.

Steven Depolo, Steven Depolo via flickr

Payday loans have never been the dandy of consumer advocates who say the short-term, high-interest loans can trap people in cycles of debt.

Defenders of the loans, however, say payday loans fulfill an essential need for a temporary financial need — such as a car repair.

But now there is a new type of loan surfacing across America. They are called workplace loans and some experts fear that they are just as bad as payday loans.

The Wall Street Journal, using industry-provided information, estimated that more than 100,000 employees in the United States have access to workplace loans — a number that could expand to more than 10 million employees in a few years. But while the types of payday loans do not have a lot of differences, workplace loans can be all over the spectrum.

"Workplace loans come in a lot of different varieties," said Lauren Saunders, associate director of the National Consumer Law Center, a consumer advocacy group in Boston. "They run the gamut. Some are similar to payday loans with high interest rates and a short term. Others have lower rates with longer terms."

Available to employees through their workplaces, the loans are offered by third parties — alternative lending companies that may be contracting with other lenders such as credit unions or banks. The employers tout the loans in the same way they might talk about a health and wellness program.

"It is pitched as part of a benefits package," Saunders said. "And certainly employers know that their employees may struggle with expenses from time to time. And it may sound like a good thing, and some of them are. I don't want to condemn them all."

Like payday loans?

Employers offering financial products to employees is nothing new. In the early part of the 20th century, mining and other companies offered employees scrip or company "money" that could be used in the company store to purchase items. The high prices led some workers to feel like they sold their "soul to the company store," as the song goes.

Technically, this "money" was similar to an advance on wages, a practice that many employers may give to workers who fall on hard times.

The twist is that workplace loans can be set up to take the money directly out of the borrower's paycheck. There are other methods of paying back the loan, but this feature is the most troubling to Nasir N. Pasha, the managing attorney for Pasha Law, a law firm that specializes in workplace law in San Diego. "It doesn't seem right to me," he said. "It is like borrowing money against their future wages. That seems troublesome. It is getting close to being an indentured servant — it isn't quite there, but on the spectrum of things it is moving closer to that."

Pasha worries that employees in lower-paying jobs may be tempted to use the loans to meet everyday expenses. He also sees similarities between the loans and how some employees will occasionally ask for an advance on their wages.

"For an employee it is attractive to get a loan from an employer," he said. "But that really changes the dynamic. It is like borrowing money from friends. You shouldn't do that — especially if it is a long-term relationship."

Handling debt

Richard W. Evans, an assistant professor of economics at Brigham Young University who did some consulting work for payday lenders back in 2009 and 2010, says the "smell test" for workplace loans is "if you see it tied to budgeting and helping consumers change their behavior … then it sounds altruistic."

Less than one year ago, the Hyatt Regency hotel in New Orleans began offering workplace lending as part of a larger employee financial wellness program offered by Emerge Workplace Solutions Inc., based in Nashville, and funded by Liberty Bank in New Orleans.

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