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?
Explicación
Since 2023-09-01, CCP §706.050 limits an ordinary-debt earnings withholding order to the lesser of 20% of the employee's weekly disposable earnings or 40% of the amount by which those earnings exceed 48 times the state minimum hourly wage (96 hours biweekly, 104 semimonthly, 208 monthly). (a) is the federal Consumer Credit Protection Act formula - 25% and 30 times the federal minimum wage - which California employers may not use, because the state formula protects more of the wage. (b) keeps the federal 25% with the new California multiplier, and (c) keeps California's 20% but reverts to the federal wage base. Child support withholding is governed separately and runs much higher.
Referencia Legal: Code of Civil Procedure §706.050 (Stats. 2022, ch. 849 (SB 1477), operative 2023-09-01)Practica las 1632 preguntas gratis — sin registro.
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