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Labor Law FAQs

Child Labor Law FAQs

Garnishment/Support FAQs

Human Trafficking Poster

Speakers Bureau

Regulatory Updates

Representatives

Links

**How to Withhold for Ordinary Debts**

**A. First Step
**

Calculate the protected amount; the employee's check cannot be reduced below this amount. Note: As of July 24, 2009, the Federal Minimum Wage Rate will be $7.25/hour.

- Weekly Pay Period. Multiply the Federal Minimum Wage Rate ("F.M.W.R.") times 40. Example: If F.M.W.R. is $7.25/hour; $7.25 times 40 = $290.00; this is the protected amount.

- Biweekly Pay Period. Multiply F.M.W.R. times 40 times 2. Example: $7.25 times 40 times 2 = $580.00 ; this is the protected amount.

- Semimonthly Pay Period. Multiply F.M.W.R. times 40 times 2.16665. Example: $7.25 times 40 times 2.166665 = $628.33; this is the protected amount.

- Monthly Pay Period. Multiply F.M.W.R. times 40 times 4.33330. Example: $7.25 times 40 times 4.33330 = $1,256.66; this is the protected amount.

- Pay Period Greater than One Month.

- Calculate number of weeks by dividing days in work period by 7, to four decimal places.
- Multiply the F.M.W.R. times 40 times the number of weeks. Example: assuming a F.M.W.R. of $7.25 and a work period of 46 days: 46 / 7 = 6.5714 weeks; $7.25 times 40 times 6.5714 weeks = $1,905.71; this is the protected amount.

B. Second Step

Calculate the Maximum Amount Which May Be Garnished; multiply disposable earnings by 25%. Example: assuming weekly disposable earnings of $544.00: $544.00 times 25% = $136.00; no more than this amount can be garnished from the paycheck.

C. Third Step

Calculate the Amount To Be Withheld; subtract the protected amount from disposable earnings, but do not exceed 25% of disposable earnings.