Wage garnishment (also known as wage attachment or wage assignment) is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support, spousal or partner support, or a judgment in a civil lawsuit.
Title III of the federal Consumer Credit Protection Act (CCPA) prohibits an employer from discharging an employee whose 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 also limits the amount of an employee’s earnings that may be garnished in any one week. But it does not protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debts.
Title III applies to all individuals who receive personal earnings and to their employers. Personal earnings include wages, salaries, commissions, bonuses, and income from a pension or retirement program, but does not ordinarily include tips.
States also have laws governing wage garnishment, attachment, or assignment, and these laws vary from state to state.
In California, wage garnishment is a legal process where a court orders an employer to withhold a portion of an individual's earnings for the payment of debts such as child support, spousal support, or civil judgments. Under federal law, specifically Title III of the Consumer Credit Protection Act (CCPA), there are protections in place for employees facing wage garnishment. The CCPA prevents an employer from firing an employee for a single garnishment for any one debt, but this protection does not extend to multiple debts. Additionally, the CCPA limits the amount that can be garnished from an employee's wages each week. California state law further regulates wage garnishment, often providing additional protections beyond federal law. For example, in California, the maximum amount that can be garnished from a person's wages is generally limited to the lesser of 25% of the individual's disposable earnings or the amount by which the individual's weekly disposable earnings exceed 40 times the state minimum hourly wage. Certain types of debts, like child support or taxes, may have different garnishment limits. It's important for both employees and employers to understand these regulations to ensure compliance with both federal and state laws regarding wage garnishment.