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TITLE 15 - CHAPTER 41 - SUBCHAPTER II

Restrictions on Garnishment

Summary:

Parts of this act includes: Garnishments cannot exceed 25% of disposable income per work week and/or “the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).” However, there are several exceptions to the above within this act.

Employers cannot terminate an employee because of a garnishment, penalties for doing so include: “Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both.”

This act also sets the Secretary of Labor, “acting through the Wage and Hour Division of the Department of Labor” as the enforcer of the provisions within this subchapter.

Subsection:

1671  Congressional findings and declaration of purpose

1672  Definitions

1673  Restriction on garnishment

1674  Restriction on discharge from employment by reason of garnishment

1675  Exemption for State-regulated garnishments

1676  Enforcement by Secretary of Labor

1677  Effect on State laws