ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Compliance question of the month: April 2026

Some hiring incentives are flexible; employee only APYs are not

April 13, 2026
Reading Time: 2 mins read
Compliance question of the month: February 2025

Q Due to a competitive labor market, my bank (which is a national bank) is considering offering hiring incentives, including a higher rate on bank employee checking and savings accounts. Are we permitted to offer employees a higher rate on these interest-bearing accounts?

A No.  12 U.S.C 376 prohibits a covered bank from paying employees a higher interest rate on their deposits than it pays other customers on comparable deposits.

Specifically, the statute states that “[n]o member bank shall pay to any director, officer, attorney, or employee a greater rate of interest on the deposits of such director, officer, attorney, or employee than that paid to other depositors on similar deposits with such member bank.”

This means that covered banks may not pay employees a higher interest rate on savings, money market deposit accounts (MMDAs), or interest-bearing checking accounts than is available to the general public for the same account type, nor may they offer a special “employee-only APY” that exceeds the standard published rate for comparable deposits. There is no de minimis exception, no reference to compensation programs, and no carve-out for employee benefit plans in the statute.

Regarding scope, § 376 is part of the Federal Reserve Act and applies to Federal Reserve member banks. All national banks are required by law to be members of the Federal Reserve System, meaning that all national banks are “member banks” subject to § 376. This statutory prohibition does not apply to non-member state banks (e.g., an FDIC-supervised state-chartered bank) or non-bank financial institutions. However, many institutions not expressly covered by § 376  choose to follow its requirements as a best practice.

Section 376 is limited to preventing employees from receiving a higher interest rate than other customers on similar deposits. Note that it does not prohibit fee waivers, lower minimum balance requirements, or higher rates, where the same rate is publicly available to employees and non-employees on the same terms and conditions.

For more information, contact ABA’s Leslie Callaway.
Please note that this section is not a substitute for professional legal advice.

Tags: Compliance
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: October 2026

Uncategorized
October 19, 2026

Compliance QOTM answers question on whether a home-secured loan used to purchase a business property qualifies as a business-purpose loan and, if so, how that classification affects its coverage under Regulations Z, X, C and B.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Oct. 19

Uncategorized
October 19, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: July through September 2026

Uncategorized
October 5, 2026

As of Sept. 15, 2026, the 314 Program Office has processed 9,403 requests pertinent to the following significant criminal investigations since the program started in late 2002.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: Oct. 5

Uncategorized
October 5, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA DataBank: Healthcare led job gains in weaker September report

ABA DataBank: Healthcare led job gains in weaker September report

Economy
October 2, 2026

While the unemployment rate remains relatively low, a continued deterioration in labor market conditions could lead to some weakening in overall credit performance in the months ahead.

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

Uncategorized
September 30, 2026

ABA and the Mississippi Bankers Association filed a coalition amicus brief urging the Supreme Court of Mississippi to affirm a Mississippi trial court’s order compelling arbitration and hold that banks may amend deposit agreements, including arbitration clauses, through...

NEWSBYTES

ABA DataBank: Housing starts continue to fall in September

October 20, 2026

ABA offers banker questions about small-business lending data rule implementation

October 19, 2026

FinCEN identifies alleged student aid fraud following alert

October 19, 2026

SPONSORED CONTENT

The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026

PODCASTS

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

Podcast: Creating seamless customer experiences

September 30, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.