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March 19, 2010
Is Per Diem Money Subject to Wage Garnishment Orders?

In a BLR webinar entitled ‘Payroll: How To Legally Handle Tax Levies and Garnishments’, attorneys Clint Robison and Amy Jensen present a sample scenario an employer may be faced with involving employees, per diem money and wage garnishments.

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If an employee receives a per diem for food and transportation, are these amounts subject to garnishment? Per diem money received is not subject to garnishment. Per diem is not disposable income but is associated with reimbursement for expenses. Disposal earnings only include compensation in terms of any of the following:

  • wages
  • bonuses
  • vacation pay

Clint Robison is a partner in the Los Angeles office of Hinshaw & Culbertson, one of the largest and oldest law firms in the country and 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. She can be reached at ajensen@hinshawlaw.com.

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