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Wage Garnishment Wage and Hour

Orrick, Herrington & Sutcliffe LLP

Oregon enacts new consumer finance protections related to wage garnishment

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

McAfee & Taft

Garnishments 101: A short refresher

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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

Jaburg Wilk

Arizona Employers Could Have an Unpleasant Surprise as Arizona Proposition 209 Impacts Them

Jaburg Wilk on

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

Jaburg Wilk

Can Employers Become Liable for Employee Debts?

Jaburg Wilk on

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

Hogan Lovells

Keine Pfändung von Entgeltumwandlungen

Hogan Lovells on

Beiträge in Direktversicherungen können im Regelfall nicht gepfändet werden. Aber auch in anderen Durchführungswegen unterliegen Einzahlungen im Wege der Entgeltumwandlung nicht der Pfändung....more

Holland & Hart LLP

Nevada Legislative Update - June 2021

Holland & Hart LLP on

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

Littler

Peach State Garnishment Update – 2021 Changes

Littler on

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

Jaburg Wilk

Wage Wars: Five Things Arizona Employees Should Know When an Arizona Employer Fails to Pay Wages

Jaburg Wilk on

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

Hogan Lovells

District of Columbia Employment Law Changes: Looking Back at 2019 and Ahead at 2020

Hogan Lovells on

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

Dentons

HR Quick Takes: Garnishments and Severance Payments

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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

Kilpatrick

HSA Contributions are not Earnings for Purposes of Wage Garnishment

Kilpatrick on

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

BCLP

Colorado Employers Face New Employment Laws

BCLP on

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

Littler

What ELSE is going on in Washington, DC? Legislative Update for Employers that Operate in the District of Columbia

Littler on

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

Littler

July Is Always the “New January” for Employment Laws, But This Year Takes the Cake!

Littler on

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

Fisher Phillips

What A Difference An Election Makes: Colorado Passes Slate Of New Employment Laws

Fisher Phillips on

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

Ward and Smith, P.A.

Time is Money . . . Unless It's Not: U.S. Department of Labor Clarifies Compensable Work Time

Ward and Smith, P.A. on

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

Bradley Arant Boult Cummings LLP

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 3 of 3)

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

Fisher Phillips

The Advent of FLSA Guidance

Fisher Phillips on

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

Sheppard Mullin Richter & Hampton LLP

Department of Labor Offers Employers Clarity By Resuming Its Practice of Issuing Opinion Letters

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

Poyner Spruill LLP

New Opinion Letters from the United States Department of Labor - Regarding Travel Time, Work Breaks, and Garnishments

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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

Foley & Lardner LLP

Trump’s DOL Issues First Opinion Letters

Foley & Lardner LLP on

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

McAfee & Taft

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

McAfee & Taft on

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

Littler

DOL Issues Three Opinion Letters and One Fact Sheet

Littler on

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

Stinson LLP

DOL Offers Additional Guidance on FLSA Compensable Travel Time, Rest Breaks and Garnishments in New Opinion Letters

Stinson LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

WHD Opinion Letter Finally Resolves Question Surrounding Lump-Sum Payments and Garnishments

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

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