Wage garnishment laws
Wage garnishment laws
The wage garnishment protects the employees under the Consumer Credit Protection Act (CCPA) Title III from being discharged by their employers since the employees wages are garnished for one debt. The wage garnishment laws also limit the employee’s earnings to be garnished in a week. CCPA applies to all the individuals receiving earnings from various personal services such as salaries, bonuses, wages, commissions and also includes income earned from retirement program or pension. Similarly, CCPA is also applicable employers as well. The need for a wage garnishment arises when an employer withholds his employee’s earnings for debt payment due to a court order or some other equivalent procedure. The CCPA forbids any employer from releasing any employee because her or his earnings are subjected to garnishment for a single debt, despite the numerous levies made to collect. However, CCPA does not shield an employee from being discharged in case the earnings of the employee are being subjected to garnishment for a subsequent debt. Title III also safeguards the employees by restricting the earnings amount that may otherwise be garnished in any period. Wage garnishment laws are protective and beneficial to both, the employer and the employee. Title III or CCPA grants up to 50% of disposable earnings of an employee to be garnished in case the employee is currently supporting a child or a spouse or up to 60% in case the employee is not supporting anyone. A surplus five percent is expected to be garnished for support payments in arrears for over 12 weeks. However, to be more precise, the disposable earnings refers to the amount earned after legal deductions such as the state tax, federal and local taxes, unemployment insurance, social security is made. Certain deductions not demanded by law such as charitable contributions, union dues and health or life insurance are not deducted from the gross earnings. Title III allows the wage earners the right to obtain partial compensation for the services they provide besides the wage garnishment. This law forbids an employee from being discharged by any employer because of the garnishment of wages for any sort of indebtedness. The administration of the employment standards enforces Title III. You can obtain the regulatory and explanatory brochures from the employment standards administration office. Violation of CCPA is likely to result in restoration of an employee discharged and garnished amounts. Only when violations are not resolved by informal means, the court action is initiated to remedy the violations. Employers who violate the law are prosecuted and fined $1000 or imprisoned for over a year.
If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!
Related Posts
Fatal error: Call to undefined function similar_posts() in /home/balkan/public_html/anglicandioceseofkumasi-com/wp-content/themes/aaatemplate/single.php on line 147