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- Employment Law Guide

Wages and Hours Worked: Wage Garnishment


Title III, Consumer Credit Protection Act (CCPA)

(15 USC §1671 et seq. (PDF)(http://www.dol.gov/whd/regs/statutes/garn01.pdf); 29 CFR Part 870(http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.ecfr.gov/cgi-bin/retrieveECFR^Q^gp=1|n=29y3.1.1.3.53&exitTitle=www.ecfr.gov&fedpage=yes))

Who is Covered

Title III of the Consumer Credit Protection Act (CCPA) is administered by the Wage and Hour Division (WHD). The CCPA protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an individual's earnings that may be garnished in any one week for certain types of debts. Title III may limit garnishment for any employee or individual who receives earnings for personal services (including wages, salaries, commissions, bonuses, and periodic payments from a pension or retirement program).


Basic Provisions/Requirements

Wage garnishment occurs when an employer is required to withhold the earnings of an individual for the payment of a debt in accordance with a court order or other legal or equitable procedure (e.g., a debt owed by the individual to a credit card company). Title III prohibits an employer from discharging an employee because his or her earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III does not, however, protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debt.

Title III also protects individuals by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the Federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. The Federal minimum wage is $7.25 per hour.

Title III permits a greater amount of an individual's earnings to be garnished to enforce any order for the support of any person (e.g., spousal support or child support). Title III allows up to 50 percent of an individual's disposable earnings to be garnished for support if the individual is supporting a current spouse or child who is not the subject of the support order, and up to 60 percent if the individual is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears.

An individual's "disposable earnings" is the amount of earnings left after legally required deductions (e.g., Federal, state and local taxes; the individual's share of Social Security, Medicare, and unemployment insurance taxes; and contributions to state employee retirement systems required by law) have been made. Deductions not required by law (e.g., union dues, health and life insurance premiums, and charitable contributions) are not subtracted from earnings when the amount of disposable earnings for garnishment purposes is calculated.

Title III's restrictions on the amount of wages that can be garnished do not apply to certain bankruptcy court orders or debts due for Federal or state taxes. Nor do they affect voluntary wage assignments, i.e., situations where workers voluntarily agree that their employers may turn over a specified amount of their earnings to a creditor or creditors.


Employee Rights

Title III will in most cases give individuals the right to receive at least partial compensation for the personal services that they provide despite garnishment. This law also prohibits an employer from discharging an employee because of the garnishment of wages for any single indebtedness. The Wage and Hour Division accepts complaints of alleged Title III violations.


Recordkeeping, Reporting, Notices and Posters


Notices and Posters

There are no poster or notice requirements under Title III of the Consumer Credit Protection Act.


Recordkeeping

There are no recordkeeping requirements under Title III of the Consumer Credit Protection Act.


Reporting

There are no reporting requirements under Title III of the Consumer Credit Protection Act.


Penalties/Sanctions

Violations of Title III may result in the reinstatement of a discharged employee, payment of back wages, and restoration of improperly garnished amounts. Where violations cannot be resolved through informal means, the Department of Labor may initiate court action to restrain violators and remedy violations. Employers who willfully violate the law's prohibition against termination may be prosecuted criminally and fined, or imprisoned for not more than one year, or both.


Relation to State, Local, and Other Federal Laws

If a state wage garnishment law differs from Title III, the employer must observe the law resulting in the smaller garnishment and must observe any law prohibiting the discharge of an employee because his or her earnings have been subject to garnishment for more than one debt.


Compliance Assistance Available

The Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Consumer Credit Protection Act on the Compliance Assistance "By Law"(http://www.dol.gov/compliance/laws/comp-ccpa.htm) Web page.

More detailed information, including copies of explanatory brochures and regulatory and interpretative materials such as the Federal Wage Garnishment Law Fact Sheet(http://www.dol.gov/whd/regs/compliance/whdfs30.pdf), may be obtained from the Wage and Hour Division’s Web site(http://www.dol.gov/whd/) or by contacting a local Wage and Hour Division office(http://www.dol.gov/whd/america2.htm).


DOL Contacts

Wage and Hour Division(http://www.dol.gov/whd/)
Contact WHD(http://www.dol.gov/whd/contactform.asp)
Tel: 1-866-4USWAGE (1-866-487-9243); TTY: 1-877-889-5627

The Employment Law Guide is offered as a public resource. It does not create new legal obligations and it is not a substitute for the U.S. Code, Federal Register, and Code of Federal Regulations as the official sources of applicable law. Every effort has been made to ensure that the information provided is complete and accurate as of the time of publication, and this will continue. Later versions of this Guide will be offered at www.dol.gov/compliance or by calling our Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365).

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