News & Analysis as of

Wage Garnishment

2017 Employment Legislation Summary

by Shipman & Goodwin LLP on

In its 2017 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2017. The following material summarizes these new laws, but the...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Illinois Garnishments News: Wage Assignments No Longer Expire in 84 Days

Recently, Illinois revised its wage assignment law. This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor...more

Compliance Rules for Out-of-State Garnishments

A frequent bone of contention for employees/debtors has to do with the implementation of out-of-state garnishments. The employee often threatens to sue the employer claiming that an out-of-state garnishment is not valid...more

WHD Provides Long-Awaited Garnishment Guidance on the Meaning of “Earnings” Under the CCPA

A rare and interesting thing in the world of federal garnishment law has just occurred: the U.S. Department of Labor’s Wage and Hour Division (WHD) updated its published position concerning the meaning of “earnings” pursuant...more

How to Eliminate IRS Tax Debt in Arizona

by John Skiba on

When it comes to IRS tax debt none of the typical debt collection rules apply. The IRS has power to take your money and lien your home without even filing a lawsuit. This is much different than the standard unsecured...more

Bankruptcy When You Are on Disability

by John Skiba on

The Social Security Administration states that there are currently nearly 9 million people receiving social security disability benefits with the average monthly being a little over $1,200 per month. I meet weekly with...more

Seeking Punitive Damages Can Expand Scope of Discovery

by Robins Kaplan LLP on

As litigators are well aware, a lawsuit frequently begins and ends with discovery. Complaints must be carefully worded and allegations carefully chosen in order to maximize success in developing a record and in exploring...more

New Law May Reduce Amount Subject to Wage Garnishment

by Ervin Cohen & Jessup LLP on

In case you missed it, Senate Bill 501, a law which became effective on July 1, 2016, may reduce the prohibited amount of weekly disposable earnings that may be garnished depending on where the employee...more

Employment Law - July 2016 #2

Take Two: EEOC Amends Pay Data Collection Proposal - Why it matters - Tweaking its initial plan, the Equal Employment Opportunity Commission (EEOC) released an updated proposal about the collection of pay data from...more

Uniform Wage Garnishment Act Approved by Commission

What employer would not like to reduce its legal risks and administrative costs? The Uniform Law Commission (ULC) presented employers with just that opportunity when on July 13, 2016 it finished three years of studying and...more

What Employers Need to Know About the New State Garnishment Laws, Part II: Tennessee, California, South Dakota, and West Virginia

The requirements and processes applicable to employers handling garnishments are primarily governed by state law—meaning that multi-state employers need to be aware of the federal Consumer Credit Protection Act (CCPA) in...more

What Employers Need to Know About the New State Garnishment Laws, Part I: Michigan and Georgia

The requirements and processes applicable to employers handling garnishments are primarily governed by state laws. Therefore, in addition to the federal Consumer Credit Protection Act (CCPA), multistate employers need to be...more

2016 Tennessee Legislative Update

by Jackson Lewis P.C. on

In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures....more

Tennessee Legislative Update

by FordHarrison on

Governor Haslam recently signed several bills into law that will impact Tennessee employees and employers in both the public and private sectors. Employers may wish to reassess certain policies and practices in light of these...more

How Facebook Can Help You Eliminate a Default Judgment

by John Skiba on

Every single day I meet with people in my law practice who come to me with a wage garnishment stemming from a judgment that, until now, they had no knowledge of. In order to garnish wages it is generally necessary to file a...more

Garnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident

by Pessin Katz Law, P.A. on

In Daniel M. Mensah v. MCT Federal Credit Union, No. 54, Sept. Term, 2015 (Opinion by Battaglia, J.), the Maryland Court of Appeals, Maryland’s highest court, addressed an issue of first impression regarding wage...more

Labor & Employment E-Note - February 2016

by Burr & Forman on

The U.S. Department of Labor ("DOL") recently announced that its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

I Forgot to Respond to a Garnishment. Now What?

by Burr & Forman on

If you are a business owner and have employees, at some point you will receive a garnishment. Garnishment is a post-judgment process that allows a judgment creditor to acquire the judgment debtor’s assets (property or...more

Gavel to Gavel: Complying with garnishments

by McAfee & Taft on

On the whole, most employers do an admirable job of keeping up with the ever-changing statutes and regulations that apply to the employer-employee relationship. Wage garnishments, however, are often overlooked by...more

Arizona’s Default Judgment Problem

by John Skiba on

Arizona has a default judgment problem. Every day I meet with families and individuals who have been notified that their wages are about to be garnished based upon a default judgment entered years ago that they didn’t even...more

Wage Garnishment Rules Will Change in 2016

by Ervin Cohen & Jessup LLP on

Senate Bill 501 changes the amount of an employee’s weekly earnings that would be exempt from a wage garnishment order in California. Currently the amount subject to garnishment cannot exceed the lesser of 25% of the...more

Employment Law Reporter – December 2015/January 2016

by Ervin Cohen & Jessup LLP on

New Laws for 2016 - Thousands of laws are introduced each year at the state and federal level. While only a fraction of these become law, tracking the most important laws can be a daunting task. But never fear, we have...more

The Employment Law Authority - November/December 2015

A federal appellate court recently dismissed a lawsuit brought by a paramedic who claimed that his employer unlawfully placed him on alternative duty after he refused to participate in a wellness program. According to the...more

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016

by Buchalter on

In past years the Governor of California has enacted new laws related to employment that place additional burdens on employers, while granting additional rights to employees. This year is no exception. Although there is some...more

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