Recently, the Governor of Oregon enacted bill SB 1595 (the “Act”) that amended Oregon’s statutes to provide greater consumer protection rights for Oregonians working to pay back their debts. The Act was mostly comprised of...more
Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person...more
Arizona voters passed Proposition 209 in November of 2022. Although billed as a healthcare debt interest rate limit, it surprisingly impacts Arizona employers. In Arizona, generally, thirty days after an election,...more
Arizona-based employers ask us, “Can we be held liable for the debts of our employees?” The short answer is maybe. However, the risk lessens if the employer follows some best practices. For many employers, they do not know...more
Beiträge in Direktversicherungen können im Regelfall nicht gepfändet werden. Aber auch in anderen Durchführungswegen unterliegen Einzahlungen im Wege der Entgeltumwandlung nicht der Pfändung....more
Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more
Effective January 1, 2021, several key components of Georgia’s existing garnishment code were amended. Who Can Be Served? Plaintiff-creditors may now serve garnishments on a defendant-debtor’s employer or another...more
Employers are legally obligated to pay employees wages for the work they perform. However, there are unfortunately circumstances in which an employer may refuse to pay their employees. There are at least five things Arizona...more
As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the District of Columbia in...more
Q: We recently terminated an employee and are paying severance for several weeks; however, the employee has a garnishment. Does it come out of the severance payments?...more
The Department of Labor’s Wage and Hour Division (WHD) released Letter CCPA2019-l on September 10, 2019 (the letter). The letter determined that for purposes of the Consumer Credit Protection Act (CCPA), Health Savings...more
With Colorado’s return to one-party control, Colorado employers face a spate of new employment laws. Employers in Colorado should review their practices, policies, and procedures to ensure that they are in compliance with...more
The District of Columbia Council has passed several pieces of legislation that impose significant obligations upon employers in the District of Columbia. Below is a roundup of recent laws that have been enacted in the...more
Every year, there are numerous state laws and local ordinances that take effect after the first of the year — and 2019 is no exception. Indeed, if anything, this year has seen a dramatic surge in the number of measures...more
The 2018 Colorado state elections resulted in a Democratic House, Senate, and governor, smoothing the way for the 2019 legislature to pass six new employment bills. Some of these pieces of legislation had been proposed in...more
In case you haven't noticed, the U.S. Department of Labor (DOL) has been busy. After not issuing any opinion letters since 2009 during the Obama administration, the Wage and Hour Division ("WHD") of the DOL has issued 23...more
When Lump-Sum Payments to Employees are Earnings for Garnishment Purposes - Welcome to Part 3 of our series on the Department of Labor’s three new opinion letters. We previously looked at the opinion letters on FMLA...more
It has been a busy month for the U.S. Department of Labor (USDOL) with respect to, among other things, the federal Fair Labor Standards Act (FLSA). From enforcement programs to compliance resources, the agency has stepped up...more
In a welcome departure from its recent practice, the U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued its first new opinion letters in almost ten years. In addition to issuing three new opinion letters...more
In January 2018, the U.S. Department of Labor (DOL) returned to its practice of issuing opinion letters in response to specific employer inquiries, after an almost 10-year hiatus. Under the Obama administration, the DOL...more
Back in January, we reported that the Department of Labor’s Wage and Hour Division (WHD) was reviving the agency’s practice of issuing opinion letters at the request of employers. The WHD stopped the practice of issuing...more
For more than 70 years, the U.S. Department of Labor’s Wage and Hour Division provided employers and attorneys with a valuable resource for determining how to comply with the federal laws and regulations the agency enforces....more
On April 12, 2018, the United States Department of Labor issued three opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay,...more
Returning to its long-standing practice of issuing opinion letters (which had ceased in 2010), and after reissuing 17 previously withdrawn opinion letters on January 5, 2018, the Department of Labor (DOL) yesterday issued...more
Most employers receive a garnishment from time to time, and some employers receive a lot of them. It is the employer’s legal obligation to administer garnishments exactly, and liability arises for the employer for...more