Legal Question in Employment Law in California
Garnishments/levy
Is it legal if our Payroll department grants garnishments @ 80% of the paycheck and does not inform the employees beforehand?
Asked on 7/18/05, 8:42 pm
1 Answer from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
Re: Garnishments/levy
It is difficult to answer your question without more facts. Under any circumstances, the employer should promptly notify you of any wage garnishment as soon as the order comes in. Unless it is a garnishment for child or spousal support, they cannot garnish more than 25% of your net pay. And they should not garnish your wage unless (1) they have your permission; (2) have a lawful garnishment order from a court or sheriff; or (3) have a lawful garnishment from a tax entity such as the IRS.
Answered on 7/26/05, 4:13 pm