ARTICLE 3. CLASSIFICATION
AND
EFFECTIVE DATE: 05/04/98
COMPENSATION
REVISED DATE:
RULE 306. GARNISHMENT
A. WAGE GARNISHMENT:
1. For non-payment of personal debts, federal law stipulates that the sum that may be garnished isa. Twenty-five percent (25%) of the individual's disposable earnings for the workweek; or
b. The amount by which disposable earnings for that week exceeds thirty (30)
times the
minimum wage under Section 6,A,(1) of the Fair Labor Standards
Act (FLSA) of 1938
(29 U.S.C. 206 [a,1]).
2. For non-payment of federal or state taxes (levy), child or other court ordered support
payments,
and/or payments ordered by the bankruptcy court, the employee's entire
earned wage can be
garnished until the debt is satisfied.
3. The law prohibits an employer from discharging any employee because his/her
earnings have been
subjected to garnishment for any one indebtedness. The term
"one indebtedness" refers to a single
debt regardless of the number of levies made
or creditors seeking satisfaction. Whoever willfully
violates the discharge provisions
of this law may be prosecuted criminally and fined up to $1,000,
or imprisoned for
not more than one (1) year, or both.
4. A service charge will be assessed by the County for processing the garnishment.
B. WAGE ASSIGNMENT: An employee cannot make an assignment of future wages not yet
earned
(Byers v.s. Comer, 50 Arizona 9, 68-P 2d-671).