 |
 |
| 17.306 CONSUMER CREDIT PROTECTION |
| (Federal Wage Garnishment Law) |
| FEDERAL AGENCY |
| EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR |
| AUTHORIZATION |
| Consumer Credit Protection Act, Public Law 90-321, 5 U.S.C. 1671-1677, as amended; Public Law 95-30. |
| OBJECTIVES |
| To provide restrictions on the amount of an employee's wages or salary which may be garnisheed, and prohibit employers from discharging employees by reason of garnishment for any one indebtedness. |
| TYPES OF ASSISTANCE |
| Advisory Services and Counseling; Investigation of Complaints. |
| USES AND USE RESTRICTIONS |
| The general rules for applying the Federal restrictions on garnishment, effective September 1, 1997, are: If an individual's weekly disposable earnings are $154.50 or less, no amount may be garnisheed; if the weekly disposable earnings are more than $154.50 but less than $206.00, only the amount in excess of $154.50 may be garnisheed; and if the weekly disposable earnings are in excess of $206.00 or more, 25 percent of disposable earnings may be garnisheed. The Act, as amended, limits court orders for the support of any person to 50 percent of the disposable earnings of an individual supporting another spouse or child and to 60 percent of disposable earnings if not. An additional 5 percent may be garnished for support payments more than 12 weeks in arrears. The order must be issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by law, which affords substantial due process, and which is subject to judicial review. The restrictions do not apply under Federal bankruptcy proceedings for wage-earners, nor do they apply to debts due for State or Federal taxes. In addition, garnishments issued under the laws of any State may be exempted from the operation of the Federal law where the Secretary of Labor determines that such laws provide substantially similar restrictions. Under no circumstances may an employee be discharged from employment by reason of garnishment for any one indebtedness, although State laws may provide additional protection. |
| Applicant Eligibility |
| Any person whose earnings have been subjected to garnishment is entitled to the protection provided by the Act in the United States, the District of Columbia, Puerto Rico, the Virgin Islands; Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (Chapter 345, 67 Stat. 462); American Samoa, Guam, Wake Island; and Johnston Island. Under the law, earnings are defined as compensation paid or payable for personal services, including wages, salary, commissions, bonuses, and including periodic payments pursuant to a pension or retirement program. |
| Beneficiary Eligibility |
| Any person whose earnings have been subjected to garnishment. |
| Credentials/Documentation |
| None. |
| Preapplication Coordination |
| None. This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| Persons having knowledge of wage and employment practices which are not in compliance with the minimum standards of these acts, and persons seeking advice or assistance concerning the application of the Federal wage garnishment law to specific situations, including persons seeking remedy to an illegal action under the law, should contact the nearest office of the Employment Standards Administration, Wage and Hour Division listed in the telephone directory under United States Government, Labor Department. If no listing is shown for you locality, contact the nearest district office of the Wage and Hour Division listed in Appendix IV of the Catalog under the Employment Standards Administration. Unless otherwise authorized, the names of persons making inquiries are kept confidential to the maximum extent possible under existing law. |
| Award Procedure |
| Not applicable. |
| Deadlines |
| None. |
| Range of Approval/Disapproval Time |
| Not applicable. |
| Appeals |
| Not applicable. |
| Renewals |
| Not applicable. |
| Formula and Matching Requirements |
| Not applicable. |
| Length and Time Phasing of Assistance |
| Not applicable. |
| Reports |
| Not applicable. |
| Audits |
| Not applicable. |
| Records |
| Not applicable. |
| Account Identification |
| 16-0105-0-1-505. |
| Obligations |
| (Salaries and Expenses) Not Separately Identifiable. (Note: Obligations for 17.306 are included in program 17.303.) |
| Range and Average of Financial Assistance |
| Not applicable. |
| PROGRAM ACCOMPLISHMENTS |
| Joint agreements to refer inquiries, complaints and leads have been entered into by the Employment Standards Administration and the Federal Trade Commission. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| Publications furnished free in limited quantities: Pamphlet: The Federal Wage Garnishment Law, Basic Information. Regulations, 29 CFR Part 870, Restriction on Garnishment. |
| Regional or Local Office |
| Persons having knowledge of wage and employment practices which are not in compliance with the minimum standards of these acts, and persons requesting information or publications should contact the nearest Office of the Wage and Hour Division, listed in the telephone directory under United States Government, Labor Department. If no listing is shown for your locality, contact the nearest district office of the Employment Standards Administration, Wage and Hour Division, listed in the Appendix IV of the Catalog. |
| Headquarters Office |
| Administrator, Wage and Hour Division, Employment Standards Administration, Department of Labor, Washington, DC 20210. Telephone: (202) 693-0051. |
| Web Site Address |
| http://www.dol.gov |
| RELATED PROGRAMS |
| None. |
| EXAMPLES OF FUNDED PROJECTS |
| Not applicable. |
| CRITERIA FOR SELECTING PROPOSALS |
| Not applicable. |
|
General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
|