EmploymentQuestion 918 of 1605
An employer receives an earnings withholding order (wage garnishment) for an employee's ordinary consumer debt. What is the general maximum that may be garnished from disposable earnings under California law?
a.50% of gross wages with no floor
b.A flat $200 per pay period regardless of earnings
c.100% until the debt is paid
d.The lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the applicable minimum hourly wage
Explanation
Under the Wage Garnishment Law (Code of Civil Procedure §706.050), for ordinary debts the garnishment is limited to the lesser of 25% of the employee's disposable earnings or the amount by which weekly disposable earnings exceed 40 times the state (or higher local) minimum wage. California's use of the local/state minimum wage often makes its protection more generous than the federal formula. Higher percentages apply to special debts like child support.
Law Reference: Code of Civil Procedure §706.050Practice all 1605 questions free — no signup required.
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