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March 16, 2010
Calculating Withholdings and Garnishments within Your Organization

In a BLR webinar entitled ‘Payroll: How to Legally Handle Tax Levies and Garnishments’, attorneys Clint Robison and Amy Jensen explain how withholdings regarding garnishments are calculated. Generally, garnishment is limited to the lesser of:

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  1. 25% of the employee’s disposable earnings
  2. the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage ($7.25)

Greater amounts may be garnished for child support, bankruptcy, or federal/state tax payments. Notification of greater garnishments may occur in the form of a child support order, a court order regarding bankruptcy or a bankruptcy trustee order or some sort of federal or state tax levy.

Clint Robison is partner in the Los Angeles office of Hinshaw & Culbertson, one of the largest and oldest law firms in the country, where he leads its west coast labor and employment practice. Clint Robinson can be reached at crobison@hinshawlaw.com. Amy Jensen is a senior employment attorney in the firm's Los Angeles office, who provides counseling and litigation services to a variety of companies, including restaurants, retail, manufacturing, and financial companies. She can be reached at ajensen@hinshawlaw.com.

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