[Rev. 11/22/2013 9:50:08 AM--2013]

[NAC-608 Revised Date: 7-08]

CHAPTER 608 - COMPENSATION, WAGES AND HOURS

PAYMENT AND COLLECTION OF WAGES

608.050             Definitions.

608.055             “Commissioner” defined.

608.060             “Day” defined.

608.065             “Employee” defined.

608.070             “Employer” defined.

608.075             “Piece rate” defined.

608.080             “Salary” defined.

608.090             “Uniform” interpreted.

608.100             Minimum wage: Applicability; rates; annual adjustments.

608.102             Minimum wage: Qualification to pay lower rate to employee offered health insurance.

608.104             Minimum wage: Determination of whether employee share of premium of qualified health insurance exceeds 10 percent of gross taxable income.

608.106             Minimum wage: Declination by employee of coverage under health insurance plan.

608.108             Minimum wage: Requirements for payment at higher rate; modification of term of waiting period.

608.115             Payment for time worked.

608.120             Payment of commissions.

608.123             Compensation for overtime: Payment based upon requirements for minimum wage.

608.125             Compensation for overtime: Miscellaneous requirements.

608.130             Payment for travel and training.

608.135             Notice of regular paydays and place of payment; electronic payment.

608.140             Provision of records of wages to employee.

608.145             Periods for rest and meals.

608.150             Investigations to determine liability for violations.

608.155             Claims for wages unpaid when due.

608.160             Withholding of amounts from wages due.

EMPLOYMENT OF WORKERS WITH DISABILITIES AT SPECIAL MINIMUM WAGE

608.200             Definitions.

608.205             “Administrator” defined.

608.210             “Certificate” defined.

608.215             “Division” defined.

608.220             “Experienced nondisabled worker” defined.

608.230             “Institution” defined.

608.235             “Locality” defined.

608.240             “Nondisabled worker” defined.

608.245             “Patient worker” defined.

608.250             “Special minimum wage” defined.

608.255             “Wage and Hour Division” defined.

608.257             “Worker with a disability” defined.

608.260             “Persons with severe disabilities” interpreted.

608.265             Applicability of provisions to working patients and students.

608.270             Certificate required.

608.275             Application for certificate.

608.280             Criteria for issuance of certificate.

608.285             Notification of issuance or denial of certificate.

608.290             Terms of certificate; informing worker of terms.

608.295             Renewal of certificate.

608.300             Revocation of certificate.

608.305             Determination and adjustment of special minimum wage.

608.310             Determination of prevailing wage.

608.315             Recording information concerning determination of prevailing wage.

608.320             Determination of piece rate of pay.

608.325             Compensable time of worker.

608.330             Periodic evaluation of worker’s productivity.

608.335             Payment of worker at piece rate.

608.340             Cost of room, board and other services provided to working patient.

608.345             Administrative review of special minimum wage; reporting violations of law.

608.350             Reducing minimum hourly rate of pay.

608.355             Maintenance of records concerning worker.

608.360             Posting explanation of conditions for payment of special minimum wage.

608.365             Review of action of Division.

608.370             Investigation by Division or Administrator.

      NAC 608.050    Definitions. ( NRS 607.160 )    As used in NAC 608.050 to 608.160 , inclusive, unless the context otherwise requires, the words and terms defined in NAC 608.055 to 608.080 , inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004; A by R055-07, 10-31-2007)

      NAC 608.055    “Commissioner” defined. ( NRS 607.160 )    “Commissioner” means the Labor Commissioner or his authorized representative.

     (Added to NAC by Labor Comm’r by R115-04, eff. 8-25-2004)

      NAC 608.060    “Day” defined. ( NRS 607.160 )    “Day” means a calendar day, including any portion of a calendar day, unless otherwise specified by an applicable statute or regulation.

      NAC 608.065    “Employee” defined. ( NRS 607.160 )    “Employee” has the meaning ascribed to it in NRS 608.010 .

      NAC 608.070    “Employer” defined. ( NRS 607.160 )    “Employer” has the meaning ascribed to it in NRS 608.011 .

      NAC 608.075    “Piece rate” defined. ( NRS 607.160 )    “Piece rate” means a wage rate based on a unit of production. The term does not include a wage rate based on a unit of time or a wage rate based on commission.

      NAC 608.080    “Salary” defined. ( NRS 607.160 )    “Salary” means a wage rate based on a fixed dollar amount for a period of time other than an hour.

      NAC 608.090    “Uniform” interpreted. ( NRS 607.160 , 608.165 )    As used in NRS 608.165 , the Commissioner interprets “uniform” to mean distinctive clothing which an employee of a business is required to wear and which serves as a clear means of identifying the employee with the business.

      NAC 608.100    Minimum wage: Applicability; rates; annual adjustments. ( Nev. Const. Art. 15, § 16 ; NRS 607.160 , 608.250 )

     1.  Except as otherwise provided in subsections 2 and 3, the minimum wage for an employee in the State of Nevada is the same whether the employee is a full-time, permanent, part-time, probationary or temporary employee, and:

     (a) If an employee is offered qualified health insurance, is $5.15 per hour; or

     (b) If an employee is not offered qualified health insurance, is $6.15 per hour.

     2.  The rates set forth in subsection 1 may change based on the annual adjustments set forth in Section 16 of Article 15 of the Nevada Constitution.

     3.  The minimum wage provided in subsection 1 does not apply to:

     (a) A person under 18 years of age;

     (b) A person employed by a nonprofit organization for after-school or summer employment;

     (c) A person employed as a trainee for a period not longer than 90 days, as described by the United States Department of Labor pursuant to section 6(g) of the Fair Labor Standards Act; or

     (d) A person employed under a valid collective bargaining agreement in which wage, tip credit or other provisions set forth in Section 16 of Article 15 of the Nevada Constitution have been waived in clear and unambiguous terms.

     4.  As used in this section, “qualified health insurance” means health insurance coverage offered by an employer which meets the requirements of NAC 608.102 .

     (Added to NAC by Labor Comm’r by R055-07, eff. 10-31-2007)

      NAC 608.102    Minimum wage: Qualification to pay lower rate to employee offered health insurance. ( Nev. Const. Art. 15, § 16 ; NRS 607.160 , 608.250 )    To qualify to pay an employee the minimum wage set forth in paragraph (a) of subsection 1 of NAC 608.100 , an employer must meet each of the following requirements:

     1.  The employer must offer a health insurance plan which:

     (a) Covers those categories of health care expenses that are generally deductible by an employee on his individual federal income tax return pursuant to 26 U.S.C. § 213 and any federal regulations relating thereto, if such expenses had been borne directly by the employee; or

     (b) Provides health benefits pursuant to a Taft-Hartley trust which:

          (1) Is formed pursuant to 29 U.S.C. § 186(c)(5); and

          (2) Qualifies as an employee welfare benefit plan:

               (I) Under the guidelines of the Internal Revenue Service; or

               (II) Pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.

     2.  The health insurance plan must be made available to the employee and any dependents of the employee. The Labor Commissioner will consider such a health insurance plan to be available to the employee and any dependents of the employee when:

     (a) An employer contracts for or otherwise maintains the health insurance plan for the class of employees of which the employee is a member, subject only to fulfillment of conditions required to complete the coverage which are applicable to all similarly situated employees within the same class; and

     (b) The waiting period for the health insurance plan is not more than 6 months.

     3.  The share of the cost of the premium for the health insurance plan paid by the employee must not exceed 10 percent of the gross taxable income of the employee attributable to the employer under the Internal Revenue Code, as determined pursuant to the provisions of NAC 608.104 .

      NAC 608.104    Minimum wage: Determination of whether employee share of premium of qualified health insurance exceeds 10 percent of gross taxable income. ( Nev. Const. Art. 15, § 16 ; NRS 607.160 , 608.250 )

     1.  To determine whether the share of the cost of the premium of the qualified health insurance paid by the employee does not exceed 10 percent of the gross taxable income of the employee attributable to the employer, an employer may:

     (a) For an employee for whom the employer has issued a Form W-2 for the immediately preceding year, divide the gross taxable income of the employee paid by the employer into the projected share of the premiums to be paid by the employee for the health insurance plan for the current year;

     (b) For an employee for whom the employer has not issued a Form W-2, but for whom the employer has payroll information for the four previous quarters, divide the combined total of gross taxable income normally calculated from the payroll information from the four previous quarters into the projected share of the premiums to be paid by the employee for qualified health insurance for the current year;

     (c) For an employee for whom there is less than 1 aggregate year of payroll information:

          (1) Determine the combined total gross taxable income normally calculated from the total payroll information available for the employee and divide that number by the number of weeks the total payroll information represents;

          (2) Multiply the amount determined pursuant to subparagraph (1) by 52; and

          (3) Divide the amount calculated pursuant to subparagraph (2) into the projected share of the premiums to be paid by the employee for qualified health insurance for the current year; and

     (d) For a new employee, promoted employee or an employee who turns 18 years of age during employment, use the payroll information for the first two normal payroll periods completed by the employee and calculate the gross taxable income using the formula set forth in paragraph (c).

     2.  As used in this section, “gross taxable income of the employee attributable to the employer” means the amount specified on the Form W-2 issued by the employer to the employee and includes, without limitation, tips, bonuses or other compensation as required for purposes of federal individual income tax.

      NAC 608.106    Minimum wage: Declination by employee of coverage under health insurance plan. ( Nev. Const. Art. 15, § 16 ; NRS 607.160 , 608.250 )    If an employee declines coverage under a health insurance plan that meets the requirements of NAC 608.102 and which is offered by the employer, the employer must maintain documentation that the employee has declined coverage. Declining coverage may not be a term or condition of employment.

      NAC 608.108    Minimum wage: Requirements for payment at higher rate; modification of term of waiting period. ( Nev. Const. Art. 15, § 16 ; NRS 607.160 , 608.250 )    If an employer does not offer a health insurance plan, or the health insurance plan is not available or is not provided within 6 months of employment, the employee must be paid at least the minimum wage set forth in paragraph (b) of subsection 1 of NAC 608.100 until such time as the employee becomes eligible for and is offered coverage under a health insurance plan that meets the requirements of NAC 608.102 or until such a health insurance plan becomes effective. The term of the waiting period may be modified in a bona fide collective bargaining agreement if the modification is explicitly set forth in such agreement in clear and unambiguous terms.

      NAC 608.115    Payment for time worked. ( NRS 607.160 , 608.016 , 608.250 )

     1.  An employer shall pay an employee for all time worked by the employee at the direction of the employer, including time worked by the employee that is outside the scheduled hours of work of the employee.

     2.  If an employer pays an employee by salary, piece rate or any other wage rate except for a wage rate based on an hour of time, the employer shall pay an amount that is at least equal to the minimum wage when the amount paid to an employee in a pay period is divided by the number of hours worked by the employee during the pay period. This subsection does not apply to an employee who is exempt from the minimum wage requirement pursuant to NRS 608.250 .

     3.  For the purpose of a claim for wages, holidays, vacation days, sick days and any other days that an employee did not actually work are not counted as time worked by the employee.

      NAC 608.120    Payment of commissions. ( NRS 607.160 , 608.250 )

     1.  If an employer and an employee agree that the employee is to be paid by commission based upon a sale, the employer shall pay each commission to the employee when the commission becomes payable pursuant to the agreement.

     2.  If the agreement described in subsection 1 is not in writing, the terms and conditions of the agreement may be determined by the facts and circumstances related to the course of dealing between the employer and the employee.

     3.  All commissions that an employer pays to an employee during a pay period may be used to meet the minimum wage requirement described in subsection 3 of NAC 608.115 .

      NAC 608.123    Compensation for overtime: Payment based upon requirements for minimum wage. ( Nev. Const. Art. 15, § 16 ; NRS 607.160 , 608.018 , 608.250 )    For purposes of complying with the daily overtime provisions of subsection 1 of NRS 608.018 , an employer shall pay overtime based upon the minimum wage which must be paid pursuant to the provisions of NAC 608.100 to 608.108 , inclusive.

      NAC 608.125    Compensation for overtime: Miscellaneous requirements. ( NRS 607.160 , 608.018 )

     1.  An employer shall not substitute compensatory time in place of a wage payment for overtime that was worked by an employee.

     2.  If an employee is paid by salary, piece rate or any other wage rate except for a wage rate based on an hour of time, the rate of compensation for the purposes of paragraph (b) of subsection 2 of NRS 608.018 is determined by dividing the amount paid to an employee in a week by the number of hours worked by the employee during the week.

     3.  The Commissioner will refer to 29 C.F.R. §§ 541.1 and 541.2 to determine if an employee is employed in a bona fide executive or administrative capacity for the purposes of paragraph (d) of subsection 3 of NRS 608.018 .

      NAC 608.130    Payment for travel and training. ( NRS 607.160 , 608.016 , 608.250 )

     1.  An employer shall pay an employee at a rate that is not less than minimum wage for any travel or training that is considered to be time worked by the employee pursuant to subsections 2 and 3.

     2.  Travel by an employee:

     (a) Is considered to be time worked by the employee:

          (1) If the travel is between different work sites during a workday; or

          (2) If the employee is providing transportation for another employee on behalf of an employer who offers transportation for the convenience of his employees.

     (b) Is not considered to be time worked by the employee if the travel is between the home of the employee and the place of work of the employee regardless of whether the employee works at a fixed location or at different places of work.

     3.  The training received by an employee:

     (a) Is considered to be time worked by the employee if the training is required by the employer.

     (b) Is not considered to be time worked by the employee if the training is required by an agency or entity other than the employer without regard to whether the training enables the employee to maintain eligibility for employment in a particular capacity or at a particular level.

      NAC 608.135    Notice of regular paydays and place of payment; electronic payment. ( NRS 607.160 , 608.080 , 608.120 )

     1.  In addition to the information required pursuant to NRS 608.080 , the notice described in NRS 608.080 may include:

     (a) Alternative paydays for use if a regular payday occurs on a nonbusiness day, including a Saturday, Sunday or holiday;

     (b) Acceptable alternatives to the method of payment if an employee is not available for payment;

     (c) Procedures for releasing payment to a third party; and

     (d) Any other provision that the employer deems to be relevant if the provision does not violate any law or regulation of this State.

     2.  An employer may use an electronic payment system, including, but not limited to, a direct deposit, debit card or similar payment system, as an alternative location of payment if:

     (a) The employee can obtain immediate payment in full;

     (b) The employee receives at least one free transaction per pay period and any fees or other charges are prominently disclosed to and subject to the written consent of the employee;

     (c) The alternative location of payment is easily and readily accessible to the employee;

     (d) There are no other requirements or restrictions that a reasonable person would find to be an unreasonable burden or inconvenience; and

     (e) The use of an electronic payment system is optional at the election of the employee.

      NAC 608.140    Provision of records of wages to employee. ( NRS 607.160 , 608.115 )    Within 10 days after a request by an employee, an employer shall provide the records of wages required to be kept by the employer pursuant to NRS 608.115 to the employee, including, but not limited to, an employee that is paid by salary, piece rate or any other wage rate.

      NAC 608.145    Periods for rest and meals. ( NRS 607.160 , 608.019 )

     1.  Unless an employee is exempt pursuant to NRS 608.019 , an employee that works at least 3 1/2 continuous hours is permitted:

     (a) One 10-minute rest period if the employee works at least 3 1/2 continuous hours and less than 7 continuous hours;

     (b) Two 10-minute rest periods if the employee works at least 7 continuous hours and less than 11 continuous hours;

     (c) Three 10-minute rest periods if the employee works at least 11 continuous hours and less than 15 continuous hours; or

     (d) Four 10-minute rest periods if the employee works at least 15 continuous hours and less than 19 continuous hours.

     2.  An unpaid lunch break is not considered when determining the number of hours worked by an employee for the purposes of subsection 1.

     3.  An employee may voluntarily agree to forego any rest period or meal period. The employer has the burden to prove the existence of any such agreement.

      NAC 608.150    Investigations to determine liability for violations. ( NRS 607.160 )

     1.  In determining the person to be held liable for a violation of this chapter or chapter 608 of NRS, the Commissioner may investigate the conduct of the business enterprise and the extent of custody or control exercised by a person over the place of employment or any employee.

     2.  The investigation of the conduct of the business enterprise may include, but is not limited to:

     (a) Whether the person had the power to hire or fire employees;

     (b) Whether the person supervised or had control over the schedule of work of employees or the conditions of employment of employees;

     (c) Whether the person determined or had control over the method or rate of payment of employees;

     (d) Whether the person maintained the records of employment; and

     (e) If more than a single business is involved in the business enterprise, whether the person had control of the businesses or operated the businesses for a common purpose.

      NAC 608.155    Claims for wages unpaid when due. ( NRS 607.160 )

     1.  Before an employee may file a claim for wages unpaid when due, the employee shall make a good faith attempt to collect any wages due the employee from an employer at the normal place and in the normal method that payment is made to employees of the employer.

     2.  An independent contractor may not file a claim for wages unpaid when due.

     3.  In a claim for wages unpaid when due, the following presumptions will apply, if applicable, unless the Commissioner receives evidence that he deems to be sufficient to rebut the presumption:

     (a) An employee who has been placed on an indefinite suspension by an employer will be presumed to have been discharged by the employer;

     (b) An employee who has not been paid by an employer will be presumed to have been discharged by the employer; and

     (c) An employee who fails to report to work will be presumed to have abandoned his job.

     4.  As used in this section, “independent contractor” means a self-employed person who agrees with a client to do work for the client, for a certain fee, according to the means or methods of the self-employed person and not subject to the supervision or control of the client except as to the result of the work.

      NAC 608.160    Withholding of amounts from wages due. ( NRS 607.160 , 608.110 )

     1.  Without the written authorization of an employee, an employer may withhold from the wages due the employee:

     (a) Any amount required by law; and

     (b) Any employee contribution to a benefit program, such as health insurance or a pension plan, as permitted pursuant to NRS 608.110 .

     2.  Except as otherwise provided in subsection 1, an employer may not deduct any amount from the wages due an employee unless:

     (a) The employer has a reasonable basis to believe that the employee is responsible for the amount being deducted by the employer;

     (b) The deduction is for a specific purpose, pay period and amount; and

     (c) The employee voluntarily authorizes the employer, in writing, to deduct the amount from the wages.

     3.  An employer may not use a blanket authorization that was made in advance by the employee to withhold any amount from the wages due the employee.

      NAC 608.200    Definitions. ( NRS 232.320 , 608.250 )    As used in NAC 608.200 to 608.370 , inclusive, unless the context otherwise requires, the words and terms defined in NAC 608.205 to 608.257 , inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Human Resources, eff. 2-14-89)

      NAC 608.205    “Administrator” defined. ( NRS 232.320 , 608.250 )    “Administrator” means the Administrator of the Division or his designee.

      NAC 608.210    “Certificate” defined. ( NRS 232.320 , 608.250 )    “Certificate” means the certificate required pursuant to paragraph (f) of subsection 2 of NRS 608.250 for the employment of a worker with a disability at a special minimum wage.

      NAC 608.215    “Division” defined. ( NRS 232.320 , 608.250 )    “Division” means the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

      NAC 608.220    “Experienced nondisabled worker” defined. ( NRS 232.320 , 608.250 )    “Experienced nondisabled worker” means a nondisabled worker who is proficient in the performance of his job and is not receiving an entry level wage.

      NAC 608.230    “Institution” defined. ( NRS 232.320 , 608.250 )    “Institution” means any public, private, nonprofit or profit facility which derives more than 50 percent of its income by providing residential care for the sick or elderly or persons with mental illness or disabilities. The term includes any nursing home, facility for intermediate care, rest home, convalescent home, home for the elderly and infirm, halfway house, residential center for drug addicts or alcoholics, or any other similar facility, whether licensed or not.

      NAC 608.235    “Locality” defined. ( NRS 232.320 , 608.250 )    “Locality” means the geographic area from which the labor force of the community is drawn.

      NAC 608.240    “Nondisabled worker” defined. ( NRS 232.320 , 607.160 , 608.250 )    “Nondisabled worker” means a person whose productive capacity for the work to be performed is not impaired by any physical or mental disability or, if impaired, is not impaired to the extent that he is unable to earn at least the minimum wage prescribed for him by NAC 608.100 .

     (Added to NAC by Dep’t of Human Resources, eff. 2-14-89; A by Labor Comm’r by R055-07, 10-31-2007)

      NAC 608.245    “Patient worker” defined. ( NRS 232.320 , 608.250 )    “Patient worker” means a worker with a disability who is employed by an institution at which he receives treatment or care, whether or not he is a resident of the institution.

      NAC 608.250    “Special minimum wage” defined. ( NRS 232.320 , 607.160 , 608.250 )    “Special minimum wage” means the wage paid to a worker with a disability, pursuant to a certificate issued by the Division, which is less than the minimum wage otherwise prescribed for that worker by NAC 608.100 .

      NAC 608.255    “Wage and Hour Division” defined. ( NRS 232.320 , 608.250 )    “Wage and Hour Division” means the Wage and Hour Division of the United States Department of Labor.

      NAC 608.257    “Worker with a disability” defined. ( NRS 232.320 , 607.160 , 608.250 )    “Worker with a disability” means a person whose productive capacity for the work to be performed is impaired by a physical or mental disability to the extent that he is unable to earn at least the minimum wage prescribed for him by NAC 608.100 .

     (Added to NAC by Dep’t of Human Resources, eff. 2-14-89; A by Labor Comm’r by R055-07, 10-31-2007)—(Substituted in revision for NAC 608.225)

      NAC 608.260    “Persons with severe disabilities” interpreted. ( NRS 232.320 , 608.250 )    For the purposes of paragraph (f) of subsection 2 of NRS 608.250 , “persons with severe disabilities” means a worker with a disability.

      NAC 608.265    Applicability of provisions to working patients and students. ( NRS 232.320 , 608.250 )

     1.  Except as otherwise provided in subsection 2, a patient worker or a student worker with a disability is subject to the provisions of NAC 608.200 to 608.370 , inclusive, if the work he performs is of any consequential economic benefit to the institution employing him.

     2.  A patient worker or a student worker with a disability is not subject to the provisions of NAC 608.200 to 608.370 , inclusive, if:

     (a) He performs only personal housekeeping chores, such as maintaining his own quarters, and receives not more than a token payment for his services; or

     (b) He is voluntarily engaged in such activities as making craft products, if:

          (1) The products he makes become his property; or

          (2) The money obtained from the sale of the products is divided among the workers or is spent to purchase materials used to make the products.

     3.  As used in this section:

     (a) “Student worker with a disability” means a worker with a disability who is a student at an educational institution and is employed as part of an academic curriculum or individual education plan.

     (b) “Work of consequential economic benefit” means any work of a kind normally performed by a nondisabled worker.

      NAC 608.270    Certificate required. ( NRS 232.320 , 608.250 )

     1.  Except as otherwise provided in NAC 608.265 , a worker with a disability may not be employed at a special minimum wage except pursuant to a certificate issued by:

     (a) The Division, pursuant to NAC 608.200 to 608.370 , inclusive; or

     (b) The Wage and Hour Division.

     2.  A person who is not a worker with a disability may not be employed under a certificate.

      NAC 608.275    Application for certificate. ( NRS 232.320 , 608.250 )

     1.  Except as otherwise provided in subsection 2, an application for a certificate must be filed by the employer on a form prescribed by the Division. The employer shall provide an answer to each question contained in the application. The application must be signed by the employer or his designee.

     2.  An employer who is engaged in interstate commerce, or whose annual gross volume of sales or business is at least $362,500, shall file his application for a certificate with the Wage and Hour Division. In any other case, the employer shall file his application with the Administrator.

     3.  An employer who applies to the Administrator for a certificate must provide the following written assurances concerning the employment of workers with a disability:

     (a) In the case of a worker who is paid an hourly rate, the special minimum wage will be reviewed by the employer and adjusted as provided in NAC 608.330 ; and

     (b) In the case of any other worker with a disability, the special minimum wage will be adjusted by the employer at least once each year to reflect changes in the prevailing wages paid to experienced nondisabled workers employed in the locality for essentially the same kind of work.

     4.  The Administrator will recognize a certificate issued by the Wage and Hour Division as meeting the requirements of NAC 608.200 to 608.370 , inclusive, and will not require that a duplicate or additional certificate be obtained from the Division.

      NAC 608.280    Criteria for issuance of certificate. ( NRS 232.320 , 608.250 )    The Division will issue a certificate only if necessary to prevent the curtailment of opportunities for employment of the worker with a disability who is affected. To determine whether a certificate will be issued, the Division will consider the following criteria:

     1.  The nature and extent of the disabilities of the worker;

     2.  The prevailing wages of experienced nondisabled workers who are employed in the locality and engaged in work comparable to that to be performed at the special minimum wage;

     3.  The comparative productivity of the worker with a disability and experienced nondisabled workers employed in the locality in comparable work; and

     4.  The wage rate to be paid to the worker with a disability for work comparable to that performed by experienced nondisabled workers.

      NAC 608.285    Notification of issuance or denial of certificate. ( NRS 232.320 , 608.250 )    If a certificate is issued, the Administrator will send a copy to the employer. If issuance of a certificate is denied, the Administrator will notify the employer in writing and inform him of the reasons for the denial and his right to petition for review under NAC 608.365 .

      NAC 608.290    Terms of certificate; informing worker of terms. ( NRS 232.320 , 608.250 )

     1.  A certificate:

     (a) Will specify the terms and conditions under which it is granted.

     (b) May apply to all workers with a disability employed by an employer.

     (c) Is effective for the period designated by the Administrator. A worker with a disability may be paid a special minimum wage only while the certificate is effective.

     2.  Each worker with a disability and, where appropriate, his parent or guardian must be informed by the employer, orally and in writing, of the terms of the certificate under which the worker is employed. Each time a paycheck is issued to a worker with a disability, the employer shall provide the worker with a brief written statement of the terms of the certificate under which the worker is employed.

      NAC 608.295    Renewal of certificate. ( NRS 232.320 , 608.250 )

     1.  An application may be filed for the renewal of any certificate. If an application for renewal is filed in a proper and timely manner, the existing certificate remains in effect until the application for renewal has been granted or denied.

     2.  A worker with a disability may continue to be paid a special minimum wage after notice that an application for renewal has been denied if a petition for review of the denial is filed in accordance with NAC 608.365 . If the denial is affirmed on review, the employer shall reimburse any worker paid a special minimum wage in an amount equal to the difference between the applicable minimum wage and the lower wage paid to that worker, retroactive to the expiration date of the certificate.

      NAC 608.300    Revocation of certificate. ( NRS 232.320 , 608.250 )

     1.  A certificate may be revoked at any time if, as of:

     (a) The date of issuance, the Division determines that any misrepresentation or false statement has been made in obtaining the certificate or in permitting a worker with a disability to be employed thereunder;

     (b) The date of violation, the Division determines that any of the provisions of NAC 608.200 to 608.370 , inclusive, or the terms of the certificate have been violated; or

     (c) The date of notice of the revocation, the Division determines that the certificate is no longer necessary in order to prevent the curtailment of opportunities for employment.

     2.  If a petition for review is filed under NAC 608.365 , the effective date of the revocation must be postponed until action is taken on the petition. If the revocation is affirmed on review, the employer shall reimburse any worker with a disability paid a special minimum wage in an amount equal to the difference between the applicable minimum wage and the lower wage paid that worker, retroactive to the effective date of the revocation.

     3.  Except in cases of willfulness or those in which the public interest requires otherwise, before any certificate is revoked, facts or conduct which may warrant such action must be called to the attention of the employer in writing and the employer must be afforded an opportunity to demonstrate or achieve compliance with all legal requirements.

      NAC 608.305    Determination and adjustment of special minimum wage. ( NRS 232.320 , 608.250 )

     1.  A special minimum wage paid to a worker with a disability must be based on the productivity of that worker in proportion to the prevailing wage and productivity of an experienced nondisabled worker performing essentially the same kind and quality of work in the locality.

     2.  The special minimum wage of any worker with a disability must be adjusted by the employer at least once each year, to reflect changes in the prevailing wage paid to experienced nondisabled workers employed in the locality for essentially the same kind of work.

      NAC 608.310    Determination of prevailing wage. ( NRS 232.320 , 608.250 )    For the purposes of NAC 608.200 to 608.370 , inclusive:

     1.  The prevailing wage:

     (a) May not be less than the minimum wage specified in subsection 1 of NRS 608.250 ; and

     (b) Must be based upon work using similar methods and equipment. If no such work can be found in the locality or in a comparable community, appropriate alternative techniques for calculating the prevailing wage must be used.

     2.  An employer whose workforce consists primarily of:

     (a) Nondisabled workers performing the same work as a worker with a disability employed by him under a certificate may use as the prevailing wage the wage paid to his experienced nondisabled employees.

     (b) Workers with a disability shall determine the prevailing wage by ascertaining the wages paid to experienced nondisabled workers in the locality for essentially the same kind of work. For the purposes of this paragraph:

          (1) The employer shall use a representative sample of employers who are a similar size or larger and are engaged in a business similar to his own.

          (2) If the same kind of work cannot be found in the locality, the employer may refer to the closest comparable community outside the locality where such work can be found.

          (3) If information concerning wages is not otherwise available, sources such as the Research Section of the Employment Security Division of the Department of Employment, Training and Rehabilitation, private employment services and data from the Bureau of Labor Statistics may be used.

      NAC 608.315    Recording information concerning determination of prevailing wage. ( NRS 232.320 , 608.250 )    An employer who determines the prevailing wage as provided in paragraph (b) of subsection 2 of NAC 608.310 shall record the following information concerning his determination:

     1.  The date of each contact with a firm or other source of information;

     2.  The name, address and telephone number of each firm or other source of information;

     3.  The name and title of the person contacted within each such firm or source of information;

     4.  A description of the information provided relating to the wage;

     5.  A brief description of the work for which the wage information is provided;

     6.  The size of the firm in terms of employees; and

     7.  The basis for the conclusion that the wage represents that paid to experienced nondisabled workers.

      NAC 608.320    Determination of piece rate of pay. ( NRS 232.320 , 608.250 )

     1.  If a piece rate is established for a worker with a disability employed under a certificate:

     (a) The employer must use one or more methods of measuring industrial work, such as a stopwatch time study, predetermined time system or standard data, to establish a standard production rate. The use of such a method is subject to the following requirements:

          (1) The method used must be verifiable through the use of established techniques of measuring industrial work.

          (2) If a stopwatch time study is made, it must:

               (I) Be made with three or more persons whose productivity represents normal or near-normal performance; or

               (II) Include an adjustment of performance. Any such adjustment must be made by a person knowledgeable in this area, as evidenced by his successful completion of training in the field.

          (3) Any person tested must be:

               (I) Given time to practice the work to be performed in order to allow him to overcome the initial learning curve; and

               (II) Trained to use the method of work and tools to be used by the worker with a disability.

          (4) Appropriate time must be allowed for personal time, fatigue and unavoidable delay. An allowance of not less than 10 minutes per hour must be used in conducting any time study.

          (5) The method must use the same method of work that will be used by the worker with a disability or, if more than one such worker is to be employed, by the majority of such workers. If any modification is made to the method of work to accommodate the special needs of the worker with a disability, no additional time study is required if the modification enables the worker to perform the work or increase productivity.

     (b) The piece rate must be calculated by dividing the prevailing wage used or determined as provided in NAC 608.310 by the standard production rate established as provided in paragraph (a).

     (c) The piece rate must not be less than the prevailing piece rate paid an experienced nondisabled worker doing the same or similar work in the locality.

     2.  As used in this section, “standard production rate” means the number of units an experienced nondisabled worker is expected to produce per hour of work.

      NAC 608.325    Compensable time of worker. ( NRS 232.320 , 608.250 )

     1.  A worker with a disability employed at a special minimum wage must be compensated for all time during which he is actually performing productive work or is required by the employer to remain available for the next assignment.

     2.  A worker with a disability who is provided therapy or the opportunity to participate in an alternate program or activity on the premises of the employer is not engaged in a compensable activity if:

     (a) He is completely relieved from duty; and

     (b) The therapy, program or activity does not involve work and is not directly related to the worker’s job.

     3.  The burden of establishing that the time of a worker is not compensable rests with the employer, and if the question is disputed, noncompensable time must be clearly distinguishable from compensable time.

      NAC 608.330    Periodic evaluation of worker’s productivity. ( NRS 232.320 , 608.250 )    If a worker with a disability is employed under a certificate at an hourly rate:

     1.  An evaluation of his productivity must be made within 30 days after his employment begins to determine the appropriate rate of pay. The results of the evaluation must be recorded and the wages of the worker adjusted accordingly not later than the first complete pay period following the evaluation.

     2.  Upon the completion of not more than 6 months of employment by the worker, the employer must conduct a review of the quantity and quality of work of the worker as compared to that of nondisabled workers engaged in similar work or work requiring similar skills. The results of the review must be recorded.

     3.  The productivity of the worker must be reviewed and the findings recorded during the 6 months immediately following the initial review and at least every 6 months thereafter. The wages of the worker must be adjusted accordingly not later than the first complete pay period following each review.

      NAC 608.335    Payment of worker at piece rate. ( NRS 232.320 , 608.250 )    Any worker with a disability employed at a piece rate must be paid his full earnings. An employer may pool the earnings of two or more workers with a disability if a piece rate cannot be established for each worker. In such a case, the employer shall, to the extent practicable, objectively divide the earnings among the workers according to the productivity level of each worker.

      NAC 608.340    Cost of room, board and other services provided to working patient. ( NRS 232.320 , 608.250 )

     1.  Except as otherwise provided in subsection 2, no deduction may be made from the special minimum wage of a patient worker to cover the cost of room, board or other services provided by the institution where he is employed. The patient worker must receive his wages free and clear, except for amounts deducted for taxes, any voluntary assignment of wages or any deductions ordered by a court of competent jurisdiction.

     2.  An institution may assess and collect charges for room, board and other services actually provided to a patient worker to the extent permitted by applicable law and on the same basis as it assesses and collects such charges from nonworking patients.

      NAC 608.345    Administrative review of special minimum wage; reporting violations of law. ( NRS 232.320 , 608.250 )

     1.  A worker with a disability receiving a special minimum wage, or his parent or guardian, may petition the Administrator to obtain a review of the special minimum wage. No particular form of petition is required, except that a petition must be signed by the worker, or his parent or guardian, and contain the name and address of the worker and his employer. The petition must be delivered or mailed to the Administrator at 505 East King Street, Room 502, Carson City, Nevada 89710.

     2.  The Administrator will review the petition within 10 working days after he receives it and will contact or visit the employer of the worker to inform the employer that the petition has been filed.

     3.  The Administrator may require the employer to present documents and records and may otherwise investigate the circumstances pertaining to the petition. The Administrator may also require additional information from the worker or any representative of the employee.

     4.  Within 60 days after he receives the petition, the Administrator will make a determination in the matter and will give the worker and the employer written notice of his findings. If the Administrator finds that any provision of NAC 608.200 to 608.370 , inclusive, or any condition of the certificate has been violated, the Administrator may require corrective action or revoke the certificate. The decision of the Administrator is final for the purposes of judicial review, but does not limit the right of a worker with a disability to pursue any other administrative remedy available under applicable law.

     5.  If the Administrator finds an actual or potential violation by an employer of subsection 1 of NRS 608.250 , or of section 14(c) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 214(c), or any regulation adopted thereunder, the Administrator may provide information in his possession to the Labor Commissioner or the Wage and Hour Division and request an investigation of the matter.

      NAC 608.350    Reducing minimum hourly rate of pay. ( NRS 232.320 , 608.250 )

     1.  No employer may reduce the minimum hourly wage rate guaranteed by a certificate without the prior consent of the Administrator.

     2.  To obtain the consent required by subsection 1, the employer must submit to the Administrator information which is relevant to the criteria set forth in subsection 3. The burden of establishing the necessity of the reduction is on the employer.

     3.  In reviewing a request to reduce the wage rate of a worker with a disability, the Administrator will consider documented evidence of any change in:

     (a) The disabling condition of the worker which has a substantial adverse impact on his productive capacity;

     (b) The kind of work being performed in the facility which affects the productivity of the worker or results in the application of a lower prevailing wage; and

     (c) General economic conditions in the locality where the work is performed which results in a lower prevailing wage.

      NAC 608.355    Maintenance of records concerning worker. ( NRS 232.320 , 608.250 )    Each employer of a worker with a disability employed under a certificate shall, for each such worker, maintain and have available for inspection records indicating:

     1.  Verification of the disability of the worker and, in cases where the disability cannot be readily observed, appropriate medical or psychiatric reports or results of psychological tests;

     2.  Evidence of the productivity of the worker, obtained as provided in NAC 608.330 ;

     3.  The prevailing wage paid nondisabled workers who are employed in industry in the locality for essentially the same kind of work using similar methods and equipment; and

     4.  The production standards and supporting documentation for nondisabled workers for the job being performed by the worker with a disability.

      NAC 608.360    Posting explanation of conditions for payment of special minimum wage. ( NRS 232.320 , 608.250 )    Each employer of a worker with a disability employed under a certificate shall at all times display a poster explaining, in general terms, the conditions under which a special minimum wage must be paid. The poster must be displayed in a conspicuous place on the premises of the employer where it may be readily observed by the worker, his parent or guardian, and other employees.

      NAC 608.365    Review of action of Division. ( NRS 232.320 , 608.250 )    Any person aggrieved by any action of the Division taken pursuant to NAC 608.200 to 608.370 , inclusive, may, within 60 days or such additional time as the Administrator allows, file with the Administrator a petition for review. Review, if granted, will be made by the Administrator. Other interested persons, to the extent the Administrator deems appropriate, may be afforded an opportunity to present data and views.

      NAC 608.370    Investigation by Division or Administrator. ( NRS 232.320 , 608.250 )    The Division or the Administrator may conduct an investigation, which may include a hearing, before taking any action pursuant to NAC 608.200 to 608.370 , inclusive. To the extent deemed appropriate, the Division or the Administrator may provide an opportunity to other interested persons to present data and views.

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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

10’000 Hours / Getty Images

A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

  • A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
  • Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
  • Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Wage Assignments and Garnishments: What Finance Leaders Need to Know

Jennifer S Kiesewetter Esq

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Colleagues gather around to see a laptop screen.

Wage assignments and garnishments practices: Here are three things finance leaders must internally audit.

Wage assignments and wage garnishments are not the same. Each reflects a different process subject to different applicable laws. While there is always potential for a DOL Wage and Hour Division audit, financial leaders should internally audit their own processes to ensure compliance and efficiency while minimizing stress and anxiety for the employer and the employee. Here are three things to consider when conducting those audits.

1. Compliance

Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

Adding to the compliance challenge, there are several different types of wage garnishments, often with differing rules for each. For example, child support, bankruptcy and student loans are all types of wage garnishments. Wage garnishments for child support obligations are substantially governed by state law, which varies state to state, whereas garnishments for a bankruptcy plan are governed by federal law and garnishments for student loan debts are governed by either state or federal law, depending on the financing.

2. Efficiency

Businesses must be able to confirm when wage garnishments are initiated, when they cease and when more than one applies and in what order. This is what can make these withholdings complex — and messy. By having trackable systems in place, efficiency can be achievable.

3. Minimizing Stress and Anxiety

According to Workforce , wage garnishments can affect employee morale. Having wages withheld from paychecks may be a negative employee experience, especially when the employer has to get involved. For employers that are preparing audit-ready workplaces, these organizations face their own stress by potentially facing liability for noncompliance with respect to wage garnishment withholdings.

Having prudent processes in place may not only help with compliance and efficiency for the employer, but can also help alleviate stress for both the employee and the employer.

Learn about the ADP SmartCompliance® Wage Garnishment Module .

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Nevada Wage Garnishment Calculator

wage assignment nevada

You may have received a garnishment notice from your employer and wonder whether a wage garnishment calculator can help you estimate how much you will be garnished in Nevada. 

Wage garnishment in Nevada  is different from many other states, so how much will you be garnished?

Below is the Nevada wage garnishment that estimates how much you may be garnished. You can also compare 3 different options, how to stop wage garnishment, and the cost of those options. The calculator is free and does not even require an email address unless you’d like a free review of the data. Please note that this Nevada garnishment calculator is an estimate based on the laws below and may be different from the actual garnishment amount.

How Wage Garnishment in Nevada is Calculated

There are some states that do not allow wage garnishment, so those would not be in the calculator. Here are the specific Nevada wage garnishment laws that are factored into the NV wage garnishment calculator above.

"This amount must not exceed 18% of the disposable earnings if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770."

Would the Garnishment Calculator Results be the Same in Las Vegas as Reno?

Let’s say that Las Vegas has a higher minimum wage than Reno or even that of Nevada. For example, Nevada minimum wage is $10.50. Could the calculation be different?

Many states take into consideration the federal minimum wage, and some states such as Maine may take into consideration state minimum wage, but that doesn’t mean the Nevada wage garnishment calculator would be different.

How Do Employers Calculate Wage Garnishment in Nevada?

Employers in Nevada may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use.

Understanding Nevada Higher Order Priority in the Calculation 

First, the creditor requests a writ of execution from the Nevada court. Check an example Nevada writ of execution . Next, the court attaches an earnings withholdings to the write, which authorizes your employer to hold back money from your earnings.

Let’s say you have multiple earning withholding orders in Nevada that could include child support or alimony. Here’s the specific priority for the garnishment calculation in Nevada:

  • Wage and Earnings Assignment Order for Support
  • Earnings Withholding for Support
  • Earnings Withholding for Taxes
  • Earnings Withholding for Elder or Dependent Adult Financial Abuse
  • Earnings Withholding Order

Now that we understand how the wage garnishment calculator works, let’s talk about how to stop wage garnishment in Nevada.

Options to Stop Wage Garnishment in Nevada

There are a few options that you can pursue to potentially stop a wage garnishment. The wage garnishment calculator provides the option to compare your different options to stop a garnishment.

File an Objection or Exemption

First, you can try to object to the wage garnishment. When you receive your garnishment documents, you can find instructions on how to object to the garnishment including filing deadlines. If not, you can reach out to the clerk of the court or contact a lawyer to help.

You may also attempt to claim an exemption to the garnishment in some states as well.

In Nevada, you’d file this garnishment exemption form to request an exemption from your garnishment. Please note that this may be difficult to receive.

File For Bankruptcy

Filing for bankruptcy in Nevada may eliminate a wage garnishment a judgment related to unpaid debt, especially in those instances when individuals are already living paycheck to paycheck. There are two common consumer bankruptcies to consider.

Chapter 7 Bankruptcy

A Chapter 7 bankruptcy in Nevada is the most affordable and most common bankruptcy in the United States. It is also the fastest, but you could lose assets if the equity that you own in that assets is about the Nevada bankruptcy exemptions .

You also may have to qualify via the Nevada bankruptcy means test. Below are the Nevada median income guidelines for bankruptcy cases filed on or after May 15, 2022. Please note you would add an additional $9,900 for household sizes greater than 9.

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy in Nevada is a payment plan based bankruptcy. It often lasts 3 or 5 years, and you can often protect your assets in bankruptcy even if they are above the exemption. You may consider a Chapter 13 bankruptcy if some of the payments from the wage garnishment would not be discharged in a Chapter 7 bankruptcy.

If you are considering a Chapter 13 bankruptcy in Nevada, you may also want to compare that option to debt settlement. While you don’t have creditor protection in debt settlement, this option can sometimes be cheaper and faster than a Chapter 13 bankruptcy.

How much does it cost to file bankruptcy in Nevada?

You may have taken the wage garnishment calculator and see that it would take out too much of your pay, but now you are wondering whether you could even afford bankruptcy. Thankfully, most attorneys take payment plans for the attorney fees. Some attorneys take most of the Chapter 13 bankruptcy payments in the plan.

While the cost to file bankruptcy in Nevada is less expensive for the Chapter 13 ($313 vs $338), the attorney fees may be triple what you would pay for a Chapter 7 bankruptcy.

Please note that the filing fees can be waived if your income is below certain poverty thresholds. Here’s the Nevada poverty thresholds below.

Negotiate a Settlement

You may attempt to negotiate a settlement if it’s an unpaid debt. That said, the creditor has the upper hand generally in this position, so you may not get a major discount from the owed debt. Realistically, you may not be able to negotiate a settlement or backpay for support such as spousal or child support.

What Should You Do?

One question to consider is whether you can afford the amount being taken from your paycheck and understand the duration of how much will be taken.

For example, let’s say you live in Las Vegas or Henderson and are dealing with rental inflation, gas, and food. Let’s say you aren’t able to afford the garnishment. In that case, someone may consider an option such as bankruptcy.

If you are able to afford the garnishment, others may allow it to run its course or try to negotiate. Regardless, you can take the wage garnishment calculator for Nevada to inform your decision.

State Wage Garnishment Laws Chart: Overview | Practical Law

wage assignment nevada

State Wage Garnishment Laws Chart: Overview

Practical law practice note overview w-010-5395  (approx. 57 pages).

Autoblog

Tesla will reportedly raise some Nevada workers' pay by 10%, 12%, even 31%

For some, it will work out to $8.30 an hour more.

wage assignment nevada

Electric vehicle maker Tesla has informed workers at its battery factory in Sparks, Nevada, that some of the set-rate hourly workers will see pay increases of around 10% starting early January, CNBC reported on Monday. 

The EV maker will bump the pay for hourly workers from $20 to $22 an hour on the low end, a 10% increase. Some workers on the high end could end up at $34.50 an hour from $30.65, a 12.5% increase, according to the report, which cited internal materials.

The materials added that raises can add anywhere from $2 to $8.30 an hour to pay levels. The latter amount is because the company will streamline some levels, so that several levels of workers making between $26.20 and $30.65 an hour at present will be adjusted to $34.50 an hour, a 31% increase, the report said. 

Tesla did not immediately respond to a Reuters request for comment. 

The United Auto Workers ( UAW ) said last month it was launching a first-of-its-kind push to publicly organize the entire nonunion auto sector in the U.S. after winning new record contracts with the Detroit Three automakers. 

Tesla CEO Elon Musk , when asked about the UAW's efforts at the New York Times DealBook Summit last month, said: "I disagree with the idea of unions." He said if Tesla is unionized, "it'll be because we deserve it and we failed in some way." 

Japanese automakers Honda Motor and Toyota have raised wages for non-union U.S. factory workers amid signs that the UAW is turning its attention to organizing the workforce at foreign-owned and Tesla auto plants. 

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Tesla to Raise Wages at Nevada Gigafactory Amid Pressure to Unionize

wage assignment nevada

David Paul Morris / Bloomberg / Getty Images

Key Takeaways

  • Tesla is reportedly set to increase wages for some workers at its Nevada gigafactory.
  • The pay increase comes as the United Auto Workers (UAW) union calls for workers at Tesla and other major automakers in the U.S. to unionize.
  • Tesla also faces growing pressure from organized labor activity in Sweden, Denmark, Finland, and Norway.

Tesla ( TSLA ) is reportedly planning to raise hourly pay for some workers at its battery factory in Nevada by 10% or more in January, amid growing pressure from the United Auto Workers (UAW) union to organize Tesla workers.

The UAW launched a campaign to organize non-union workers at Tesla and other automakers in November after the union negotiated historic contracts with the Big Three , Ford ( F ), General Motors ( GM ), and Stellantis ( STLA ), following a six-week strike .

The union urged 150,000 non-union autoworkers at Tesla, Toyota ( TM ), Honda ( HMC ), Rivian ( RIVN ), and Lucid ( LCID ) among others to consider unionizing.

During the UAW's strike against the Big Three, analysts noted that Tesla could stand to gain as lost revenue from the strike and higher labor costs under new contracts could make it more difficult for traditional automakers to make the EV transition .

Tesla is not the only automaker to raise wages following the UAW strike resolution, as Hyundai and others have taken steps to raise worker pay as well.

The electric vehicle maker also  faces growing pressure from organized labor activity in Sweden , Denmark, Finland, and Norway over its refusal to enter into collective agreements with labor unions.

Tesla shares were up 1.7% to $156.33 per share as of about noon E.T. Tuesday, and have gained over 137% in 2023 so far.

CNBC. " Tesla to raise pay for hourly Nevada Gigafactory workers in January — move could stave off union interest ."

Hyundai. " Hyundai Announces Higher Wage Structure for Production Team Members in Alabama and Georgia ."

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Tesla Raises Wages for Nevada Gigafactory Workers Amid Union Push

Posted: December 19, 2023 | Last updated: December 19, 2023

The United Auto Workers has pledged to organize some 150,000 workers at 13 carmakers across the country

Tesla has told workers at its Sparks, Nev., battery plant that some hourly workers will receive pay raises of about 10% in January, CNBC reported, citing internal materials and battery workers.

Workers at Tesla's Gigafactory Nevada told CNBC they were informed of "cost of living adjustments," which represent a 10% or greater raise for most hourly workers, adding between $2 and $8.30 per hour to their wages.

Workers earning the lowest wages will see their hourly pay increase to $22 from $20 an hour, while top earners will see their pay increase to $34.50 from $30.65. The electric vehicle maker will also "streamline" its wage levels; workers currently making between $26.20 and $30.65 per hour will see their pay adjusted to $34.50 an hour, according to CNBC.

More than 11,000 people work at Tesla's current facility in Nevada, which cost $3.5 billion. The carmaker has said it will invest another $3.6 billion to build two factories and employ 3,000 new members in Nevada.

The wage hikes come as the United Auto Workers — fresh from record contracts with Ford Motor Co., General Motors and Stellantis — looks to organize facilities operated by 13 automakers across the U.S., including Tesla. Six other carmakers — including Hyundai , Toyota and Honda — have also committed to raising workers' pay since those agreements were approved.

Tesla is also facing a growing union challenge overseas after the company's service and collision repair centers in Sweden walked off the job in October. Since then, several other Swedish unions have launched strikes in solidarity with those workers. Transport workers in Finland, Denmark and Norway have also pledged to not deliver Tesla vehicles or components to the country.

Workers at Tesla's Gigafactory Berlin-Brandenburg were informed last month that a new vehicle would be built at the facility, and workers were informed they would receive 4% wage hikes. The announcement came just a month after "more than a thousand workers"  showed their support  for the IG Metall union.

<a>Electric vehicle maker Tesla is facing off against organizing pushes from unions both in the U.S. and abroad.</a> (Photo by Brandon Bell/Getty Images)

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How to Protect Wages and Benefits from Creditors

Why attorneys need to know about wage garnishment and bank account seizures.

With the explosion of creditor and debt buyer-initiated collection lawsuits, there is a parallel dramatic increase in judgment creditors garnishing consumer wages and seizing bank accounts. This article explains how to evaluate and minimize a consumer’s exposure to such post-judgment creditor remedies and describes federal protections and also state protections in each of the fifty states.

It is just as important to understand a client’s exposure to wage garnishment and bank account seizure when representing a client who is not yet subject to post-judgment remedies, but who has recently been sued or who may be sued. The client’s exposure to post-judgment remedies will affect not only the size of any possible settlement (or even the client’s reason to offer any settlement), but also will affect the resources that should be devoted to the defense of a collection action.

Apart from any pending collection lawsuit, clients should also be advised about which of their debts to pay first. Knowing whether wages or benefits will eventually be lost if a particular unsecured creditor is not paid is an essential factor in determining the priority that such a debt should be given in relation to a client’s other financial obligations.

Other than student loan debts, almost all unsecured consumer debt can be eliminated in bankruptcy. But an analysis of the risk the client faces from unpaid, unsecured debts plays an important role in deciding whether to file bankruptcy. Filing for bankruptcy too soon—before there is a real need—is not only expensive and time-consuming, but it can also deprive the consumer of bankruptcy protection when new debts arise in the future.

This article provides a summary of federal and state law protections and provides a number of practice tips. Far more detail on protecting a client’s wages, public benefits, and bank accounts, as well as other personal and real property is provided in the resources listed at the end of this article.

State Law Often Is Key to Protecting Wages from Garnishment

A creditor that obtains a judgment on a debt can garnish the consumer’s wages, meaning that it can obtain an order requiring the consumer’s employer to send a portion of the consumer’s wages directly to it. Federal law protects from garnishment 75% of a consumer’s disposable earnings or 30 times the federal minimum wage ($217.50 per week), whichever is greater. The creditor can seize the balance.

Disposable earnings are the employee’s earnings after deduction of amounts required by law to be withheld. Amounts withheld include federal, state, and local taxes, Social Security, and contributions to other governmental retirement programs that are required by law. See NCLC’s Collection Actions § 14.2.1 for more on the definition of “disposable wages,” what income is protected, the treatment of multiple wage garnishment orders, and all other aspects of the federal wage garnishment protections.

These federal protections provide a baseline of protected wages, and most states provide significant additional protections from wage garnishment. With few exceptions, all wages are fully protected from garnishment in four states: North Carolina, Pennsylvania, South Carolina, and Texas. However, judgment creditors sometimes seek to evade these protections by serving the wage garnishment order on the consumer’s employer’s office in another state. For example, if a Texas debtor worked for a Texas employer that also had an office in Oklahoma, the judgment creditor might serve the wage garnishment order on the Oklahoma office, seeking to take advantage of Oklahoma’s lesser protection of wages. See NCLC’s Collection Actions § 13.3.8 .

Ten states protect both a higher percentage of wages and a higher amount per week than federal law requires:

  • California, which protects 40 times the state, federal, or local minimum wage and allows garnishment of just 50% of the debtor’s wages in excess of that amount;
  • Colorado (80% or 40 times the state minimum wage of $11.10);
  • Illinois (85% or 35 times the federal minimum wage or the state minimum wage of $8.25);
  • Massachusetts (85% or 50 times the state minimum wage of $12);
  • Nevada (82% or 50 times the federal minimum wage);
  • New York (90% or 30 times the federal minimum wage or the state minimum wage, which ranges from $11.10 to $15));
  • South Dakota (80% or 40 times the federal minimum wage or the state minimum wage of $9.10, plus $25 per dependent);
  • Vermont (85% or 40 times the federal minimum wage);
  • Washington (80% or 35 times the state minimum wage of $12); and
  • West Virginia (80% or 50 times the federal minimum wage).

Protecting a higher multiple of the minimum wage—a higher flat amount—means that more low-income debtors will have all their wages protected. Protecting a higher percentage of the debtor’s earnings benefits workers at all income levels.

Thirteen jurisdictions protect a higher flat amount per week, but do not protect a higher percentage of wages than the federal minimum. These states are:

  • Alaska ($743 a week if the debtor is the household’s sole support);
  • Connecticut ($404);
  • District of Columbia ($560);
  • Iowa ($290);
  • Maine ($440);
  • Minnesota ($290);
  • New Hampshire ($362.50);
  • New Mexico ($290);
  • North Dakota ($290 plus $20 per dependent);
  • Oregon ($254);
  • Tennessee ($217.50 plus $2.50 per child);
  • Wisconsin (the federal poverty amount); and
  • Virginia ($290 plus extra for children in low income families).

Six states protect a higher percentage of wages than federal law requires but not a higher flat amount:

  • Delaware (85%);
  • Hawaii (protects 95% of first $100, 90% of next $100, 80% of remainder);
  • New Jersey (90% of wages if the debtor is under 250% of poverty);
  • Missouri (90%);
  • Nebraska (85%); and
  • Virgin Islands (90%).

Nineteen jurisdictions do not offer protections greater than the federal minimum: Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Ohio, Oklahoma, Puerto Rico, Rhode Island, Utah, and Wyoming.

Seven jurisdictions provide for hardship exemptions in addition to the percentage or dollar amount protections. How these exemptions work will vary by state, but consumers should seek this protection where applicable in Arizona, California, Colorado, District of Columbia, Indiana, Oklahoma, and Wisconsin. In addition, New York, Minnesota, and Rhode Island provide exemptions for debtors based on receipt of or, in Minnesota and New York, eligibility for public assistance. For more detail on hardship exemptions, see NCLC’s Collection Actions § 14.2.3.3 .

For a more comprehensive analysis of state restrictions on wage garnishment, state remedies, and the relationship between federal and state exemptions, see generally NCLC’s Collection Actions § 14.2.3 and Appendix G . See also NCLC’s No Fresh Start in 2019: How States Still Allow Debt Collectors to Push Families Into Poverty (Nov. 2019) .

Tips to Limit Wage Garnishment

Make sure the consumer is adequately withholding taxes. If not enough taxes are withheld, not only is there a tax liability at the end of the year, but an additional amount will be garnished from the consumer’s paycheck.

Federal and state wage garnishment limits apply to the cumulative amount of all garnishments sought by multiple creditors in a given pay period. For example, if the consumer’s wages are being withheld to pay child support, the amount withheld reduces dollar for dollar the maximum amount that can go to other creditors. Where a consumer is obligated to pay child support, if that obligation is paid through a payroll deduction rather than voluntarily, the consumer is protected from a judgment creditor’s garnishment. See NCLC’s Collection Actions § 14.2.1.5.5 .

Wage Assignments Are Illegal

Creditors may seek to avoid state and federal protections from wage garnishment and even the necessity to obtain a court judgment by asking the consumer as part of the initial credit agreement to sign a wage assignment. A wage assignment instructs the consumer’s employer to send a portion of the consumer’s pay to the creditor each pay period. Courts have held that the federal law that limits the amount of a wage garnishment protection does not apply to wage assignments. See NCLC’s Collection Actions § 14.2.1.2 .

The Federal Trade Commission’s Credit Practices Rule prohibits wage assignments in connection with the extension of credit to consumers in or affecting commerce. 16 C.F.R. § 444.2(a)(3). Only three exceptions are allowed: if the assignment is by its terms revocable at will by the debtor; if the assignment is a payroll deduction plan that commences at the time of the transaction; or if the assignment is of wages already earned at the time the consumer entered into the wage assignment.

If a consumer has entered into a wage assignment with a creditor, such as a payday lender, the consumer should immediately revoke the assignment. If the assignment is irrevocable and does not fall into one of the other exceptions, then this is a violation of the FTC rule. While there is no direct private right of action for a violation of an FTC rule, a rule violation should be an unfair or deceptive practice under a state UDAP statute, leading to strong private remedies. For more detail on wage assignments and remedies, see NCLC’s Collection Actions § 14.2.5 .

Federal Student Loan Wage Garnishment Is a Different Animal

Federal law allows administrative wage garnishment—a garnishment issued by a federal agency rather than a court, and without any court judgment—to collect student loan debts and other federal debts. Up to fifteen percent of the borrower’s disposable wages can be seized through a single administrative wage garnishment order. State law wage garnishment protections do not apply, but federal protections do apply.

The general federal limit on wage garnishment applies to these administrative student loan garnishments. See 34 C.F.R. § 34.19(b). Thus a minimum of 30 times the federal minimum wage—$217.50 a week—of disposable earnings is fully protected. In addition, the 15% federal student loan garnishment counts toward the 25% federal wage garnishment limit, so that a second garnishment by a private creditor could only seize 10% of the debtor’s income.

Student loan borrowers can also object to the administrative garnishment on the basis of financial hardship. See NCLC’s Student Loan Law § 9.3.2.3.4 . If they instead enter into a rehabilitation plan, garnishment stops after the borrower makes five payments. See NCLC’s Student Loan Law § 9.3.2.4 .

Student loan borrowers can also head off garnishment by entering into a repayment plan or consolidating their loans before the garnishment begins. Consolidation means that the loan is no longer in default and thus is not subject to garnishment. But consolidation is not allowed once the garnishment order has been entered. See NCLC’s Student Loan Law § 9.3.2.4.2 .

The United States, but Not Private Creditors, Can Offset Debts Against Social Security and Certain Other Federal Benefits

Federal law protects Social Security, SSI, VA benefits, and certain other federal benefits against garnishment for ordinary non-federal debt. In other words, an ordinary judgment creditor cannot require the Social Security Administration or the Department of Veterans Affairs to withhold any portion of a debtor’s benefits to pay a judgment debt.

On the other hand, the United States can offset debts owed to it against certain federal benefit payments. The United States can seize only that portion of a monthly benefit payment that is in excess of $750, and the maximum seizure is 15% of a monthly benefit payment. See NCLC’s Student Loan Law § 9.4.2 .

Federal regulations require the debtor to be given advance notice and an opportunity for administrative review before the offset occurs. In the case of student loans, the borrower can also apply for a hardship reduction of the amount offset. See NCLC’s Student Loan Law § 9.4.3.2 .

Protecting Benefits from Seizure Once Deposited in a Consumer’s Bank Account

While federal and state benefit payments are exempt from garnishment by private judgment creditors while in the hands of the disbursing agency, the benefit’s exempt status becomes murky once deposited in a bank account. A bank that receives a garnishment order from a judgment creditor may freeze all funds in the account, whether the funds are exempt or not. The usual rule is that the consumer bears the burden of proving that certain funds are exempt, and failure to do so will result in the funds being sent to the judgment creditor.

Fortunately for consumers, an important U.S. Treasury rule requires banks to protect any Social Security, SSI, VA, or certain other federal benefits that were directly deposited into a consumer’s bank account within the preceding two months. 31 C.F.R. § 212. For a thorough analysis of the Treasury rule, see NCLC’s Collection Actions § 14.5.4 .

The Treasury rule only protects two months of Social Security, SSI, or VA benefits. If the consumer has accumulated more than two months of benefits in the account, the rule does not apply to the excess. Nor does the rule apply to state benefits or to benefit payments paid by check as opposed to direct deposit. In all of these cases, the benefits may still be exempt, but the bank is not required to protect them. The consumer has the burden of proving the exemption, and in the meantime the bank will freeze the account.

Another way to protect Social Security, SSI, and VA benefits from seizure is to have them deposited directly from the Treasury to a Direct Express prepaid card. Funds deposited onto Direct Express cards are completely exempt from garnishment by judgment creditors. The consumer then uses the card like any debit card to obtain cash or to make purchases. The card is provided by a private bank under contract with the United States. To sign up for a Direct Express card, call 1-800-3333-1795 or visit www.usdirectexpress.com. See NCLC’s Collection Actions § 14.5.5.2 .

If the consumer retains exempt funds in a bank account not protected by the U.S. Treasury Rule, one option is to create two accounts, one account holding only exempt funds. This makes it easier for the consumer to prove that funds in one of the accounts are exempt from seizure, because it eliminates the complications caused by commingling of exempt funds with non-exempt funds. If the consumer opens two accounts, the consumer should first spend down funds from the non-exempt account before using the exempt funds.

State Law Protecting Wages Once Deposited in a Bank Account

Unless funds are exempt, judgment creditors can seize funds from a consumer’s bank account to pay a judgment against the consumer. While federal and state laws protect wages before they are distributed to the consumer, the wages may be subject to seizure once deposited in the consumer’s bank account, absent state law to the contrary. For a detailed description of applicable law protecting wages and benefits deposited in a bank account, see NCLC’s Collection Actions § 14.5 . See also NCLC’s No Fresh Start in 2019: How States Still Allow Debt Collectors to Push Families into Poverty (Nov. 2019) . This article provides a summary of state law exemptions protecting bank accounts from judgment creditors. Additional or different exemptions may apply in a bankruptcy proceeding.

A key distinction is whether an exemption for funds in the consumer’s bank account is self-executing or whether the consumer must take affirmative action to present the exemption. If an exemption is self-executing, the bank will protect the funds without the consumer having to claim an exemption, so there will not be a period of time when the account is frozen.

Some state exemptions are self-executing. For example, New York’s exemption of $2,664 to $3,600 (depending on the applicable state minimum wage) in the consumer’s bank account is self-executing. The consumer need take no action to protect the funds and they are not subject to a bank freeze. Effective September 1, 2020, the same will be the case in California with a $1724 exemption.

An example of an exemption that is not self-executing is a wildcard exemption that allows the consumer to designate the property to which the wildcard dollar exemption applies. To make a wildcard exemption effective, the consumer must affirmatively initiate a process to apply the exemption to the consumer’s bank account, and the account may be frozen until the process is successfully completed.

About two-thirds of the states give debtors a wildcard exemption that can be applied to property of the debtor’s choice. In fifteen states—Alabama, District of Columbia, Florida, Illinois, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, South Dakota, Tennessee, Virginia, and Washington—it appears that the consumer can apply the wildcard exemption to a bank account. In some of these states the exemption law explicitly allows the wildcard to be so applied, and in others the exemption law is ambiguous but there are cases in which courts have allowed the wildcard to be used to protect a bank account. Of course, consumers may prefer to apply the wildcard exemption to protect the consumer’s car or other property instead of or in addition to the bank account.

In a number of states, the exemption law explicitly provides that the wage garnishment exemption continues after the wages are deposited into a bank account, and in other states courts have interpreted the statute to protect deposited wages. All in all, it appears that deposited wages continue to be exempt in thirteen jurisdictions: California, Colorado, Connecticut, Florida, Idaho, Iowa, Minnesota, Montana, Nebraska, North Carolina, Oklahoma, Oregon, and Puerto Rico. This protection is not self-executing, however. The bank does not know the dollar amount of the consumer’s wages that are exempt from seizure, and the consumer must prove this amount. In addition, the exempt portion of wages will be commingled in the account with the non-exempt portion of wages and other non-exempt deposits. Issues will arise as to whether the withdrawals from the account were of exempt or non-exempt funds, affecting the exempt status of funds left in the account. The whole account may be frozen in the interim.

Thirteen states follow a third approach to exempt a certain dollar amount in the consumer’s bank account no matter their source:

  • Alaska ($2,970 under certain conditions);
  • Arizona ($300);
  • California ($1,724 effective Sept. 1, 2020);
  • Indiana ($350);
  • Massachusetts ($2,500);
  • New York ($2,664–$3,600);
  • North Dakota ($3,000);
  • Ohio ($500);
  • Puerto Rico ($400);
  • South Carolina ($6,100);
  • Vermont ($700);
  • West Virginia ($1,100); and
  • Wisconsin ($5,000).

Whether such an exemption is self-executing or not will depend on state law and practice.

Practice Tips for Dealing with Bank Account Freezes and Seizures

Often a bank account will be in the name of two individuals. If there is a judgment against one of the account holders but not against the other, a bank account garnishment could result in seizure of funds belonging to the non-debtor, not just the debtor’s funds. Even if state law provides that a portion of a joint account is exempt from seizure for the other joint-owner’s debts, the whole account may be frozen until a determination is made as to what part belongs to each joint account holder. Where one of two account holders owes a judgment debt, consider splitting the joint account into two accounts and keeping all of the non-debtor’s funds in the account that is solely in the non-debtor’s name. Paying expenses first from the account that is in the judgment debtor’s name will reduce the balance in that account and minimize the amount that is vulnerable to garnishment.

Judgment creditors may seek to seize any bank account with the consumer’s name on it, even if the funds in the account do not belong to the consumer. Consumers who have or expect to have a judgment entered against them should remove their names from any account that holds someone else’s money (for example, accounts containing funds owned by another family member, such as an elderly parent or a child). If the owner of the funds needs the consumer to manage the account, a power of attorney should be used or the account should be clearly designated as a trust.

Consumers may also be able to limit the risk of seizure of their funds by placing the funds on a prepaid card instead of in a bank account or, if available from their employer, receiving wages on a payroll card. Funds in prepaid and payroll card accounts may be subject to seizure, but as a practical matter judgment creditors are far less likely to seize these types of accounts. Employers increasingly offer employees the option to have wages deposited in payroll card account, and this may be a good choice, but be sure to check the fees and understand how to avoid them, especially by using only ATMs in the card’s network.

Watch out because prepaid cards (and bank accounts) can have high fees or other disadvantages. Avoid prepaid cards, debit cards, or “checkless checking” accounts offered by payday lenders and check cashers, which may have high fees or even overdraft fees. The overdraft “protection” these accounts may offer is really just permission to charge fees and to push people into a cycle of debt. Safe accounts are never a vehicle for borrowing, but only for the storing and spending of money that the consumer already has.

Consumers can also avoid seizure of their funds by placing the funds on a prepaid card instead of in a bank account. It is true that prepaid cards are linked to a bank account, and that account may be subject to seizure, but as a practical matter judgment creditors are far less likely to seize accounts linked to prepaid cards. Employers increasingly offer employees the option of having wages deposited in a special employee prepaid card, and this may be a good choice. Watch out because prepaid cards can have high fees or other disadvantages, but so do many bank accounts. Avoid prepaid cards that allow for high overdraft fees. Prepaid cards should never be a vehicle for borrowing, but only for the storing and spending of money that the consumer already has.

Seizure can also be avoided by opting out of direct deposit payments to a bank account and receiving paper checks. Paper checks do have a greater risk of theft and loss. Paper checks also will have to be cashed. Avoid expensive check cashers. Look for local stores or friends or relatives to cash a check without high fees. Checks from a major employer in a community are safe bets to cash. Even if the consumer must pay a fee to cash a check, that may be better than having the check deposited and then seized in its entirety or at least frozen.

Resources for More Information

  • NCLC’s Collection Actions Appendix G and also NCLC’s Consumer Bankruptcy Law and Practice Appendix J provide detailed state-by-state summaries of each state’s exemption laws that apply to wages, homestead, tangible personal property, benefits, retirement plans, other intangibles, and tax refunds. Statutory citations are provided, and details regarding extraterritorial application and the relation of state exemptions to federal bankruptcy exemptions are also listed.
  • NCLC’s Collection Actions Chapter 13 (Enforcement of Judgments), Chapter 14 (Protecting Debtors’ Wages, Benefits, Other Income, and Bank Accounts), Chapter 15 (Protecting the Debtor’s Home, Tangible Personal Property, and Other Assets), and Chapter 16 (Debtor’s Examinations and Imprisonment for Debt).
  • NCLC’s Student Loan Law Chapter 9 (Seizures of Income and Assets to Collect Federal Student Loans).
  • NCLC’s No Fresh Start in 2019: How States Still Allow Debt Collectors to Push Families Into Poverty (Nov. 2019) (109 pp.) is a detailed report on the state of exemption law in all 50 states with recommendations for reform.

Carolyn Carter

Meet the author

Carolyn Carter is the Deputy Director at NCLC (previously serving as Director of Advocacy). She has specialized in consumer law issues for over 30 years. From 1974 to 1986 she worked for the Legal Aid Society of Cleveland, first as a staff attorney and later as law reform director. From 1986 to 1999 she was co-director of a legal services program in Pennsylvania. She was the 1992 recipient of NCLC’s Vern Countryman Award. She is admitted to the Pennsylvania bar. From 2005 to 2007 she was a member of the Federal Reserve Board’s Consumer Advisory Council.

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Wage Garnishment in Nevada

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A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Nevada regulates wage garnishments.

Upsolve Team

Written by Upsolve Team .  Updated April 21, 2022

If you fall too far behind on a debt, the creditor of that account may pursue legal action against you. If the creditor gets a court judgment, they can garnish your wages until the total amount you owe has been paid. To garnish your wages, they’ll take a portion of your earnings out of your paycheck. 

State and federal law limit how much of your disposable earnings creditors can seize and which kinds of income can be garnished. It’s important to understand your rights when it comes to garnishment, how to stop garnishment action, and where to seek legal advice if you need some. This guide will provide you with this important information.

What Is Wage Garnishment?

If you don’t respond to notice of a creditor’s lawsuit against you, the judge assigned to the case will grant the creditor a default judgment . If you choose to fight a lawsuit and lose, the judge will also order a judgment in your creditor’s favor. In either situation, the judgment allows your creditor to seize some of your assets so that your debt can be repaid. When a creditor seizes income from an individual’s paycheck, this process is called wage garnishment. 

Wage garnishment procedures are governed by law and subject to numerous restrictions. Your wages may generally only be garnished if a court has granted explicit permission to a creditor. 

Who Can Garnish My Wages in Nevada?

A court may grant a judgment to a debt collector, original creditor, or debt buyer. As long as the judgment is valid, the creditor (which may be a credit card company, a debt collector for medical bills, etc.) can garnish your wages to satisfy that judgment. Most creditors are limited by the restrictions explained in this guide. But student loans, federal tax, child support, and alimony debt may be subject to different withholding rules as these are “special creditor” scenarios.

It’s worth noting that Nevada recently passed legislation that expanded the kinds of income that may be garnished to collect overdue child support to include ump sums, unemployment compensation, retirement income, and even disability income. Because Nevada law treats the prompt payment of child support orders so seriously, this kind of debt should be approached with particular care.   

Nevada law is unique. If a court in California, Arizona, Utah, or any other state grants a creditor a judgment against you, garnishments resulting from that judgment may be affected by different rules than those outlined in the Nevada State Code.

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Nevada Wage Garnishment Process 

A creditor must file a lawsuit against you before they can receive a judgment to garnish your wages. If you don’t respond to the summons and complaint that notify you of this lawsuit, the court will issue the creditor a default judgment. If you defend your case and things don’t go your way, the court will issue your creditor a judgment as well. 

Both judgments and default judgments give creditors tools for debt repayment. They may, for example, alert your employer that they are garnishing your wages or they may pursue a bank levy to seize funds directly from your bank account. 

If you want to fight a garnishment order, you can file a formal objection. People being sued commonly file objections when they no longer owe the debt in question or are current on an installment plan to repay the debt. You can also file an objection if the amount the creditor says you owe wasn’t properly calculated. 

In Nevada, garnishment orders expire after 180 days. If an outstanding balance hasn’t been fully repaid during that time period, creditors must re-file paperwork with the Justice Court in order to continue garnishing someone’s wages. 

How Much of My Paycheck Can Be Taken by Wage Garnishment?

Creditors can’t take all of your wages. Most creditors aren’t allowed to take more than a specific amount of your paycheck. In most states, creditors can take up to 25% of your disposable earnings or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is less. Your disposable income is the amount you get paid after legally required deductions are taken out of your check. 

Nevada state law is more generous. It looks at three formulas to determine how much of your paycheck a creditor can garnish. The formula that results in the lowest amount is the one used to determine your maximum weekly wage garnishment.

The amount of your weekly disposable income that exceeds 50 times the federal minimum wage. The current minimum wage is $7.25, so 50 times that is $362.50.

82% of your weekly disposable earnings if your gross weekly salary or wage on the date that the most recent writ of garnishment was issued is $770 or less. 

75% of your weekly disposable earnings if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeds $770.

Working through an example to evaluate these calculations in action can be helpful. Say that your weekly gross income — the total amount you make before anything is taken out of your check — is $800, and your disposable income is $640. You’ll need to calculate each of the three amounts above to see which is the lowest.

$640 (disposable income) minus $362.50 (50 x federal minimum wage) is $277.50 .

Since your gross weekly salary ($800) exceeds $770, you’ll need to calculate 75% of your disposable earnings. 75% of $640 (disposable income) is $480.

It’s time to compare the two numbers. Since $277.50 is lower than $480, creditors can only garnish up to $277.50 of your weekly paycheck in this example. If one creditor is garnishing your wages up to that maximum amount, no other creditors can garnish your wages at the same time.

The kinds of income that your creditors can garnish are limited by exemptions . Exemptions protect certain non-wage forms of income from being taken by creditors. For example, most alimony and child support payments, Social Security benefits, unemployment benefits, workers’ compensation benefits, and retirement income can’t be garnished by most creditors. 

Other benefits and income may also be exempt from garnishment under Nevada law, just as it would be if you filed for personal bankruptcy. The Civil Law Self-Help Center has more information about how to claim exemptions in Nevada. 

How To Stop a Garnishment in Nevada

You can stop wage garnishment in two ways. First, you can pay off the amount you owe, either in a lump sum or over time via installments. If you can manage to pay a lump sum — perhaps by selling property, using a tax refund, or taking out a low-cost loan — your creditor may accept less than the total you owe. Resolving your debt for less than you owe is commonly referred to as debt settlement .

Second, you can consider filing for bankruptcy. If you file for either Chapter 7 bankruptcy or Chapter 13 bankruptcy, you will benefit from a legal protection called the automatic stay . This goes into effect as soon as you file your bankruptcy paperwork. The automatic stay stops creditors from engaging in any collection actions while the court is considering your case.

To learn more about bankruptcy and whether it could benefit you, connect with a bankruptcy attorney in your area. Most bankruptcy lawyers offer free consultations with no strings attached. If you ultimately choose to file a simple Chapter 7 bankruptcy case in Nevada , you may be able to do so for free using the Upsolve filing tool . 

Are There Any Resources for People Facing Wage Garnishment in Nevada?

If you’re struggling with debt and would like to speak with someone about your wage garnishment situation, you can reach out to the team at Nevada Legal Services or the Legal Aid Center of Southern Nevada . These legal aid organizations provide free and/or low-cost legal assistance to members of lower-income households. You may also find additional helpful information on the State Bar of Nevada’s Pro Bono Legal Services page and at the Nevada 211 Legal Aid site. The State of Nevada Self-Help site may also be useful if you’re seeking no-cost or low-cost legal assistance.

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Garnishment Laws

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Wage Assignments in Consumer and Other Contracts

Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.

Not so for many of the so-called “voluntary" wage assignments that are being included in consumer credit and loan agreements with greater regularity than ever before. These provisions allow the creditor to skip the formality, delay, and expense of the legal process altogether, and go straight to the employer with a demand for garnishment.

An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.

Difference between Wage Assignments and Wage Garnishment Orders

Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.

The “wage assignment" provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.

To enforce a wage assignment, no court process is involved. That’s the nature of the provision. It says no court process need be involved and authorizes the creditor to skip the time and expense of court and go straight to the employer. It also, of necessity, eliminates the debtor’s opportunity to challenge the debt in court or seek limitations on the garnishment.

Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.

Types of Voluntary Wage Assignments

Voluntary wage assignments, often simply called “wage assignments," are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.

The typical wage assignment provision allows the employer to take the employee’s future wages as security for the debt involved. In the event of default or nonpayment, it authorizes the creditor to go straight to the employer with a demand for wage garnishment, no court filing or judgment required.

Considering these wage assignments as “voluntarily" is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.

Nonetheless, unlike a court order, they do have a voluntary component in that the borrower chose to obtain the credit and afterwards to use it to buy goods or services or receive cash.

Federal Garnishment Law Does Not Protect Wage Assignments

In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.

Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings" or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.

The definition of “disposable earnings" is key to the determination of the maximum allowed garnishment. “Disposable earnings" means earnings after reduction for legally-required deductions like federal, state and local taxes, the employee’s share of State Unemployment Insurance and Social Security, and Worker’s Compensation.

Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).

Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.

State Law Limitations on Wage Assignments

Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.

Still others require the written consent of both spouses, or the execution of an entirely separate document addressing the assignment (so as to prohibit it from being buried in the fine print). In all cases, the employer need not comply with an illegal wage assignment, and often would be legally liable for doing so.

Needless to say, the field of voluntary wage assignments is a complicated one. Consulting with an experienced labor and employment, debtor-creditor, and/or consumer counsel is an important part of properly navigating this area of employment.

Citations/references

Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.

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Wage Garnishment Laws by State 2023

Wage garnishment, also called wage attachment, is a legal process for collecting a monetary judgment for a creditor if a debtor does not pay their debt. It involves a court order requiring that an employee withholds a portion of the debtor's paycheck and sends it to the creditor. Non-wage garnishment, known as a bank levy, is when creditors can directly access a debtor’s bank account. Garnishment most often happens when a creditor sues a debtor for nonpayment of debt and wins in court. However, a creditor may be able to achieve garnishment without a court order.

Wage garnishment sources include child support, consumer debts, student loans, and tax levies. Garnishment begins anywhere between five to 30 days after the court notice, depending on the state and the creditor. Federal limits determine how much of a debtor's income a creditor may take. This depends on the type of debt. For example, about 15% of a debtor's weekly disposable income may be taken for federal student loans and taxes, while up to 50-60% may be taken for child support or alimony. Under federal law, creditors can typically garnish 25% of an employee's disposable earnings or an employee's disposable earnings less than 30 times the federal minimum wage ($7.25/hour), whichever is less. Disposable income is defined as the income remaining after tax deductions and other mandatory charges available to the employee to be saved or spent as they please. States have the power to impose stricter limits, but not all do so.

Debtors have rights in the wage garnishment process. The debtor is legally notified of the garnishment and a dispute can be filed with the notice of inaccurate information or if the debtor believes they do not owe the debt. Social Security and veterans benefits are exempt from wage garnishment although they may not be once they enter the debtor's bank account. A debtor cannot be fired for having one wage garnishment but may be fired if they incur more than one.

Wage Garnishment Laws by State

Below are each state's laws for wage garnishments. Please note that the laws listed below are not complete or comprehensive. Many states have separate laws for wage garnishments concerning child support, student loans, and unpaid taxes. Additionally, states have varying statutes of limitations. If you are facing a wage garnishment judgment, contact an attorney in your state.

  • 25% of weekly disposable earnings
  • Amount by which the debtor’s disposable earnings exceeds thirty (30) times the minimum wage.
  • Allowed by an action on an express or implied contract
  • Wages and eamings are garnishable
  • 25% of the statutory net disposable earnings of debtor
  • The court may reduce to as low as 15%
  • Federal garnishment rules and exemptions are used.
  • 25% of the debtor’s net disposable earnings
  • Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full
  • Gross earnings for the First Pay Period less deductions required by Law

Connecticut

  • The maximum amount which can legally be withheld from a debtor’s wages is the lessor of: 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either
  • 15% of statutory net income
  • Garnishment remains in effect until the judgment is paid in full
  • Bank accounts cannot be garnished

District of Columbia

  • Garnishments are stacked and kept in place while the senior in-time garnishment is paid off.
  • 25% of disposable income can be attached by wage garnishment.
  • Florida Statutes offer a significant exemption to wage garnishment known as the “head of family” exemption
  • Florida Head of Family Exemption : If an employee is the head of the family and makes less than $750 per week, wages cannot be garnished. The head of the family must provide more than one-half of the support for a dependent or child.
  • The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of twenty-five percent (25%) of his disposable earnings for that week or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage.
  • For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used.
  • The portion of the defendant’s after tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100.00 per month and 20% of all sums in excess of $200.00 per month, or an equivalent portion of these amounts per week.
  • The maximum part of an individual’s disposable earnings for the work week subject to garnishment may not exceed the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 30 times the federal minimum hourly wage
  • The maximum part of an individual’s disposable earnings for the work week that can be garnished is the greater of 15% of the disposable earnings or 45 times the amounts stated in section 4 of the state’s Minimum Wage Act
  • The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 30 times the federal minimum hourly wage
  • Garnishments last for seventy days. The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of 25% of the disposable earnings or The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
  • The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 30 times the federal minimum hourly wage or the amount of plaintiff’s claim stated in the order for garnishment
  • After a 10-day waiting period from the date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer
  • The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment
  • Louisiana uses the federal wage garnishment guidelines
  • Wage garnishments are effective immediately on service of the garnishment on the employer. The amount withheld is 25% of disposable income.
  • 401K or other retirement funds are not counted as disposable income.
  • Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly
  • The garnishment stays in effect until the full balance due is paid, including all attorney's fees, interest, and court costs
  • Garnishment is available after a judgment issued and a supplementary (disclosure) hearing is held or if the debtor fails to appear at the disclosure hearing, a garnishment order may issue for 25% of the debtor's disposable earnings on a weekly basis or the amount which the disposable weekly earnings exceed 40 times the federal minimum wage, whichever is less or If the judgment debtor fails to pay two installments after being ordered to do so
  • Disposable wages are defined as the wages that remain after mandatory deductions required by law, plus medical insurance payments
  • The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the wages were earned

Massachusetts

  • Wage attachments may be obtained by bringing an action under G.L. c. 246 for trustee process, based on a judgment only, usually after unsuccessful supplementary process proceedings
  • Federal statute limits withholding to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed.
  • The maximum part of an individual’s disposable earnings for a pay period that can be garnished may not exceed the lesser of 25% of the disposable earnings or the amount of the disposable earnings that exceed 40 times the federal minimum hourly wage

Mississippi

  • The first 30 days’ wages after service of garnishment are exempt. After 30 days, 75% of wages are exempt
  • An employer may withhold and pay when total judgment is collected but must pay at least once per year unless ordered otherwise.
  • Garnishments are paid in the order they are served. The first one served must be paid in full before the second one can be paid
  • Missouri follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.

-The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either

  • The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds thirty (30) times the higher of either
  • The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds fifty (50) times the higher of either

New Hampshire

  • The maximum amount which can legally be withheld from a debtor’s wages is the lesser of 25% of weekly disposable earnings or the amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either

North Carolina

North dakota, pennsylvania, rhode island, south carolina, south dakota.

  • Tennessee follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
  • Texas has limitations on wage garnishment, with only a few types of debt being eligible for wage garnishments, such as child support, taxes, and student loans
  • For eligible debts, Texas follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
  • Utah follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
  • Vermont follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 40 times the federal minimum wage, whichever is less.
  • Virginia follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 40 times the federal minimum wage, whichever is less.
  • Washington follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 35 times the state minimum wage, whichever is less.

West Virginia

  • West Virginia follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
  • Wisconsin follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
  • Wyoming follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 40 times the federal minimum wage, whichever is less.
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Tesla hikes wages 10% at Nevada factory as United Auto Workers push to unionize

A sign marks the entrance to the Tesla Gigafactory, Oct. 13, 2018, in Sparks, Nev. (AP Photo/John Locher, File)

Electric vehicle maker Tesla announced pay raises for workers at Gigafactory Nevada this week amid a push by the United Auto Workers to unionize the company.

The factory, near Reno, makes batteries and other components.

Workers were informed this week in an email Monday that significant “cost of living adjustments” were coming down the pipeline. Tesla will raise hourly wages for lower-ranked employees from $20 to $22 hourly, and higher-ranked employees will see a boost from $30.65 to $34.50 an hour.

The raises constitute a 10% gain.

Tesla is following the lead of other automotive companies in the wake of UAW’s new contracts with Ford, General Motors and Stellantis. After the union signed deals with those three and secured massive pay increases for its members, nonunion companies such as Honda, Toyota and Hyundai announced they would boost wages by 10%.

The raises might be a way for the carmakers to persuade their workers against recognizing a union.

UAW President Shawn Fain has said the union is focusing on nonunion automakers in the U.S., including Tesla, whose CEO, Elon Musk, is openly anti-union.

Mr. Musk’s stance is being put to the test in Scandinavia. After Tesla refused to sign a collective bargaining agreement with 125 of its unionized Swedish mechanics, nearly the entire region has launched sympathy strikes, refusing to do business with the company.

• Vaughn Cockayne can be reached at [email protected] .

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Home » Debt Collection Lawsuits, Judgments and Wage Garnishments » State Wage Garnishment Laws

State Wage Garnishment Laws

Use the below state wage garnishment laws for all 50 states to learn your state’s wage garnishment laws and how much money can be garnished from your paycheck. Note ,  ALL states allow wage garnishment for child support, alimony, taxes and federal student loans.

Once started, its hard to stop a wage garnishment. An exception to this rule is where your rights under  fair debt and credit laws  such as the  Fair Debt Collection Practices Act ,  Fair Credit Reporting Act ,  Telephone Consumer Protection Act ,  Truth In Lending Act ,  Electronic Fund Transfer Act  and other  must know consumer rights  statutes have been violated. Violations can entitle you to damages, leverage and no cost attorney help.

If after you read your state’s garnishment laws you think you are being garnished illegally,  click here for a FREE fair debt attorney case review.  or call toll free 888-332-7252   The present damage can be lessened and you can avoid further debt and credit fallout by calling for no cost help.

Wage garnishment laws for all 50 states

1. Alabama Wage Garnishment

Prior to April 12, 1988 1. 20% of weekly disposable earnings; or 2. Amount by which the debtor’s disposable earnings exceeds fifty (50) times the minimum wage.

After April 12, 1988:

1. 25% of weekly disposable earnings; or 2. Amount by which the debtor’s disposable earnings exceeds thirty (30) times the minimum wage.

2. Alaska Wage Garnishment

Allowed by in an action on an express or implied contract. (A.S. 09.40.010) See A.S.09.38.010- 09.40.30 for list of exemptions. Here are just three exemption examples: 1. Homestead exemption allows debtor to retain to $54,000 interest in primary residence. (A.S.09.38.0l0) 2. Most state and federal benefits (welfare, social security, etc.) are exempted from attachment. (A.S. 09.38.015) 3. The first $402.50 per week is exempt unless the debtor is the sole supporter of the household. In this case, the first $602.50 per week is exempt. (A.S. 09.38.030)

3. Arizona Wage Garnishment

Wages and eamings are garnishable: (A.R.S §12-1598 et seq.). §12-1598 (4) defines “Earnings” broadly to include all forms of compensation. 25% of the statutory net disposable earnings of debtor. Court may reduce to as low as 15%. Computing the amount is a function of a statutorily approved formula embodied in a form referred to as the Non Exempt Earnings Statement (NEES). This requires the employer/garnishee to publish the gross earnings and “disposable earnings” and perform specifically prescribed calculations. The first calculation is to enter 25% of the “disposable earnings”. Next, the federal minimum wage is calculated for the subject payroll period (30 times the minimum wage for weekly payroll, 60 times for bi-weekly, and 65 times for semi -monthly payroll). That calculated minimum wage sum is subtracted from the disposable earnings. That calculated amount is compared to the 25% of net sum and the er of the two sums is the sum to be used for the next calculation. At this point, any court ordered levies, support orders, or other wage assignments are subtracted. The remaining balance must be held and paid over pursuant to the continuing lien order.

4. Arkansas Wage Garnishment

Federal garnishment rules and exemptions are used.

5. California Wage Garnishment

to 25% of the debtor’s net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy.

6. Colorado Wage Garnishment

Gross earnings for the First Pay Period less deductions required by Law Amounts based on Federal minimum hourly wage $5.15. Weekly: $154.50 or 75% of Disposable Earnings Bi-weekly: $309.00; or 75% of Disposable Earnings Semi-monthly $334.75 or 75% of Disposable Earnings Monthly: $669.50 or 75% of Disposable earnings

7. Connecticut Wage Garnishment

Pursuant to CGS §52-361a, the maximum amount which can legally be withheld from a debtor’s wages is the lessor of: 1. 25% of weekly disposable earnings; or 2. Amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either A. The current federal minimum hourly wage; or B. The state’s prevailing full minimum fair wage.

8. Delaware Wage Garnishment

15% of statutory net income. Garnishment remains in effect until the judgment is paid in full. Bank accounts cannot be garnished!

9. District of Columbia Wage Garnishment

Garnishments are stacked and kept in place while the senior in time garnishment is paid off. 25% of disposable income can be attached by a wage garnishment. Creditors must send the debtor, the garnishee and the Court a monthly statement of account showing the application of payments to interest, principal, attorney’s fees, and costs. Garnishees remit directly to the creditor or creditor’s attorney. Bank Accounts: No exemptions other than social security and disability income Attaching creditor can withdraw 100% of joint account balance. (The co-owner of the account might prevail in exempting funds depending on the judge and the source of the funds)

10. Florida Wage Garnishment

Florida Statutes, chapter 77 outlines very strict procedures for garnishment. Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the “head of family” exemption. Effective July 1, 2001, the judgment creditor is required to serve a notice of rights to the defendant on receipt of the employees answer with a form for the defendant to fill out to claim exemptions.

11. Georgia Wage Garnishment

Pursuant to OCGA 18-4-20, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of twenty-five percent (25%) of his disposable earnings for that week, or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage. For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used.

12. Hawaii Wage Garnishment

The portion of the defendant’s after tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100.00 per month and 20% of all sums in excess of $200.00 per month, or an equivalent portion of these amounts per week. Wages and other compensation owed to the debtor for personal services rendered by the debtor during the 31 days prior to a proceeding are exempt.

13. Idaho Wage Garnishment

The maximum part of an individual’s disposable earnings for the work week subject to garnishment may not exceed the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.

When the garnishee is the defendant’s employer, the continuing garnishment is in effect until the judgment is satisfied and if the maximum is being withheld, no additional garnishments can be served until that garnishment is satisfied.

14. Illinois Wage Garnishment

The maximum part of an individual’s disposable earnings for the work week that can be garnished is the greater of: 1. 15% of the disposable earnings; or 2. 45 times the amounts stated in section 4 of the state’s Minimum Wage Act.

15. Indiana Wage Garnishment

The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.

Note: A wage garnishment can be obtained after interrogatories are served and completed and after a motion for proceeding splemental is heard. Garnishments filed in Claims Court cases require a filing fee of approximately $15.00. Indiana now recognizes Voluntary Wage Assignments, which are to be signed by the debtor and the creditor, or the creditor’s attorney, and submitted to the employer.

16. Iowa Wage Garnishment

Garnishments last for seventy days. The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.

There is a sliding scale per creditor (not per judgment) ranging from $250 to 10% of annual wages, depending on annual wages.

Public employees can be garnisheed.

17. Kansas Wage Garnishment

The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage; or 3. The amount of plaintiff’s claim stated in the order for garnishment.

Note: No creditor can issue more than one garnishment against the same debtor during any 30-day period.

18. Kentucky Wage Garnishment

Controlled by KRS 425.506. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer. The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment. Wage garnishments create a continuous lien against a debtor’s wages, until the debt is paid. KRS Chapter 427, which deals with exemptions, authorizes a debtor to challenge garnished funds as exempt, and provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor’s disposable earnings per week). Wage garnishments have priority according to the date of service on the employer.

19. Louisiana Wage Garnishment

Louisiana uses the federal wage garnishment guidelines. Wage garnishments are effective immediatly on service of the garnishment on the employer. The amount withheld is 25% of disposable income. 401K or other retirenment funds are not counted as disposable income. Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly. The Garnishment stays in effect until the full balance due is paid, including all attorneys’ fees, interest, court costs and so forth.

20. Maine Wage Garnishment

Garnishment is available: 1. After a judgment issues and a splementary (Disclosure) hearing is held; 2. If the debtor fails to appear at the Disclosure hearing, a garnishment order may issue for 25% of the debtors disposable earnings on a weekly basis or the amount which the disposable weekly earnings exceed 40 times the federal minimum wage, whichever is less (14 M.R.S.A. 3127 et seq,). The exemption on wages is now $226.00 weekly; 3. If the judgment debtor fails to pay two installments after being ordered to do so.

21. Maryland Wage Garnishment

Disposable wages are defined as the amount of wages that remain after mandatory deductions required by law, plus medical insurance payments. The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the wages were earned (in Caroline, Kent, Queen Anne’s and Worcester 30 times the federal minimum hourly wages due under the Fair labor Standards Act.) (Annotated Code of Maryland, Commercial Law Article Sec. 15-601.1) A judgment creditors report must be sent each month to the debtor and employer.

22. Massachusetts Wage Garnishment

Wage attachments may be obtained by bringing an action under G.L. c. 246 for trustee process, based on a judgment only, usually after unsuccessful splementary process proceedings. After service of the trustee process complaint on the debtor, the creditor must proceed by way of motion for permission to make the wage attachment. Writs are ordinarily returnable to Court within thirty (30) days and must be served on each payday by an officer. The writ commands the employer to withhold the wages, pending further order of the court. The employer must file an Answer with the court under oath regarding each service of the writ of attachment, specifying what, if anything, the employer has withheld from the wages of the debtor. After the creditor has attached all that he is able to, he must then return to the court, with notice to the debtor, with a motion to “charge the trustee.” After a ten-day appeal period, the Clerk’s Office will issue a trustee execution, which must be served on the employer-trustee by an officer. The execution directs the employer to hand the withheld funds over to the officer.

23. Michigan Wage Garnishment

Federal statute limits withhold to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed. Time Limit: Garnishment writ expires 91 days after issuance, MCR 3.101(B)(1)(a)(ii). A new writ must then be issued and served. Stay of Wage Garnishment: Courts may grant the debtor an “installment payment order,” MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order. Such an order does not prevent garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N). Some courts nevertheless do not allow any garnishment while an installment payment order is in effect.

24. Minnesota Wage Garnishment

Minnesota Statute 550.136 and 551.06 governs wage attachment. The maximum part of an individual’s disposable earnings for a pay period that can be garnished may not exceed the lesser of: 1. 25% of the disposable earnings, or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.

The portion of the defendant’s earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after they have been deposited in any financial institution, whether in a single or joint account. The burden of establishing that funds are exempt rests on the defendant using the first-in first-out accounting method.

25. Mississippi Wage Garnishment

The fFirst 30 days’ wages after service of garnishment are exempt. After 30 days, 75% of wages are exempt. Employer may withhold and pay when total judgment is collected but must pay at least once per year unless ordered otherwise. Garnishments are paid in the order they are served. The first one served must be paid in full before the second one can be paid. Child support withholding orders are not considered garnishments; thus they are paid regardless of priority. If a debt garnishment and child support withholding order are pending at the same time, the amount to be withheld pursuant to the child support order does not reduce the amount subject to the debt garnishment.

26. Missouri Wage Garnishment

The maximum amount that may be held from a person’s weekly wages, after withholdings required by law, is the lesser of: 1. 25% of the wages, 2. 10%, if the person is head of a family and a Missouri resident, or 3. The amount by which the weekly earnings exceed thirty times the federal minimum hourly wage. Mo. Rev. Stat. §525.030.

Note: Child support garnishment may be subject to a higher percentage of deduction.

27. Montana Wage Garnishment

Montana Code Title 25, Chapter 13, and entitled ‘Execution of Judgment’ authorize wage attachment. There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days.

28. Nebraska Wage Garnishment

Although Nebraska allows wage garnishment it rejects the Federal exemptions. 1. Proceeds or interest from payments or settlements under the Worker’s Compensation Act (Neb. Rev. Stat. §48-149), except for attorney’s fees approved in writing by district court (Neb. Rev. Stat. §48-108); 2. Fraternal insurance benefits (Neb. Rev. Stat. §44-l072); 3. Certain wages; all proceeds, cash values and benefits accruing under any annuity contract, policy or certificate or life insurance payable on death of insured to beneficiary other than estate of insured, or under any accident or health insurance policy, to the extent of $10,000,00 (Neb. Rev. Stat. §44-371).

29. Nevada Wage Garnishment

Nevada applies its own statutory exemptions that are generally more liberal than the Federal Exemptions. Nevada allows a wage garnishment of to 25% of the debtor’s disposable earnings. Child support garnishments take priority regardless of when the levy was received. A wage garnishment is good for one hundred and twenty days (120) from the date of service of the writ on the employer.

30. New Hampshire Wage Garnishment

New Hampshire has a non-continuous wage attachment “on the books,” in RSA 512. The process is seldom employed due to severe restrictions on its use, the cost, and the fact that many judges do not favor it and have discretion to disapprove it. The lien applies only to wages earned post-judgment. Under New Hampshire procedural rules, seeking a garnishment would therefore require the filing of a new lawsuit each time such an attachment is sought. The attachment only applies to wages earned to the date of service. In other words, there is no provision for an ongoing garnishment. There is an exemption for earnings to 50 times the minimum wage. New Hampshire does have a mechanism for establishing a court-servised payment plan under RSA 524. This creates no lien against earnings, and is enforceable through contempt should the debtor default.

31. New Jersey Wage Garnishment

10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50).

32. New Mexico Wage Garnishment

New Mexico Law provides for continuing wage garnishments. The employer must withhold to 25% of disposable earnings from each paycheck beginning on service of the writ and continuing until the judgment is paid in full. If previous garnishments are in effect when the writ is served, the earlier writ(s) must be satisfied before withholding begins on the later writ. to 50% of disposable wages is subject to a garnishment for child support, making subsequent garnishments for debts ineffective. Pre-judgment garnishment of wages is prohibited.

33. New York Wage Garnishment

The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less. If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings. Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority. The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer

34. North Carolina Wage Garnishment

Unless the debtor has substantial funds on deposit and no family dependent on those funds for support, garnishment of wages is not generally helpful in collecting other claims except: 1. To enforce an order for child support (G. S. § 110-136), 2. To recover unpaid taxes (G. S. § 105- 242(8), 105-368, 106-9.4), and 3. To enforce a judgment for payment of medical services provided by a “public” hospital (G. S. § 131E-49),

Under G. S. § 1-362, the debtor’s earnings for personal services within 60 days prior to the order cannot be applied to the debt if it appears that the earnings are necessary for the use of the debtor’s family. Further, future earnings have been excluded from the scope of execution under Harris v. Hinson, 87 N.C. App. 148,360 S.E.2d 118 (1987).

35. North Dakota Wage Garnishment

The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment in North Dakota is the lesser of: 1, 25% of the disposable earnings, or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.

Note: The maximum amount subject to garnishment must be reduced by $20.00 for each dependent family member residing with the defendant.

36. Ohio Wage Garnishment

Under O.R.C. §2716.02, any person seeking a post-judgment wage garnishment must send a written demand to the judgment debtor at least 15 days and not more than 45 days before seeking a garnishment order. Ordinary U.S. Mail with a certificate of mailing may serve through the court; by certified U .S. Mail, return receipt requested; or the demand. It must be sent to the judgment debtor’s last known place of residence, and the demand must follow the form specified in this statute. O.R.C. §§2716.03 and 2716.05 specify the format for the garnishment motion, order, and notice. O.R.C. §2716.03 further provides that there can be no wage garnishment if the debt is subject to a debt scheduling agreement through a debt counseling service, unless the debtor or the debt counseling service fails to make payment for 45 days after the payment due date. Under O.R.C. §2716.04, the garnishment order is a continuous order, requiring the garnishee to withhold from the debtor’s earnings each pay period until the judgment is paid in full. to 25% of the debtor’s net disposable income may be garnished. However, this order may be interrted by the filing of a garnishment by another judgment creditor, in which case: 1. The first garnishment order shall remain in effect for 182 days, if the subsequent garnishment is the same priority, or 2. The first garnishment order shall immediately cease to be in effect if the subsequent garnishment is a higher priority, such as a child support order or tax levy.

37. Oklahoma Wage Garnishment

Oklahoma specifically authorizes Post-judgment wage attachment. 12 -1151 et al. Entry of judgment is a condition precedent to a wage attachment. 12 O.S. § 1151 (West 2000). The judgment creditor has the option of a non-continuing wage attachment that lasts one pay period, or a continuing wage attachment that lasts 180 days. 75% of the debtor’s wages are exempt from wage attachment 12 O.S. Sec. 1151. Note: This 75% exemption could increase if the debtor establishes hardship.

38. Oregon Wage Garnishment

Exemption is 75% of disposable earnings or 40 times the federal minimum hourly wage. See the following statutory guidelines and limitations. ORS 29.125, .145 and .225 and 23.175.

39. Pennsylvania Wage Garnishment

No wage attachment in this state except for taxes and child support. The Pennsylvania Department of Revenue is authorized to garnish wages without obtaining a court order for collection of unpaid state taxes. The Department will first notify taxpayers of its intent to contact their employers to begin withholding. If a taxpayer fails to resolve the tax liability, the taxpayer’s employer will be ordered to begin garnishing wages and make payments to the Commonwealth. Employers may retain to 2% of the amount collected to compensate for costs of additional bookkeeping.

40. Rhode Island Wage Garnishment

Under Rhode Island law, the maximum amount which can be legally withheld from an employee’s wages by an employer is twenty-five (25%) percent of the employee’s disposable earnings. Disposable earnings are defined as the earnings of an individual after deduction of taxes, social security and temporary disability contributions. Individuals are exempt from attachment for one year if they have collected social security or state assistance.

41. South Carolina Wage Garnishment

Wage attachment is prohibited in South Carolina. SCCLA 37 -5-104.

42. South Dakota Wage Garnishment

Post-judgment wage attachment is specifically authorized by SDCL 21-18-1. 20% of disposable earnings but only for a 60-day period and this 60-day period can be renewed regulary. Under SDCL 21-19-17, the earnings of the debtor that are immediatey necessary for the support of the debtor and his famiy are exempt from attachment. Exampes include money needed for rent, food, medical expenses, and clothing. Aid, such as welfare, social security, and child support, are exempt from attachment.

43. Tennessee Wage Garnishment

A debtor may obtain relief from garnishment by filing a “slow pay” motion, supported by an affidavit of his or her existing debts. While no specific statutory provision so requires, most judges require that a debtor pay an amount sufficient to pay post-judgment interest and some portion of the principal. A debtor’s wages may be attached before judgment is rendered if the debtor attempts to evade service of process.

44. Texas Wage Garnishment

Wages cannot be attached or garnished, except for child support. Income that is not a wage can be garnished or ordered turned over to a receiver. Bank accounts, rents and royalties can be garnished. Exemptions include social security benefits. WARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.

45. Utah Wage Garnishment

Wage garnishment is valid for 120 days. The maximum part of an individual’s disposable earnings for the pay period that is subject to garnishment is the lesser of: 1. 25% of the disposable earnings for the pay period, or 2. The amount by which the disposable earnings exceed 30 times the federal minimum hourly wage.

46. Vermont Wage Garnishment

75% of debtor’s wages are exempt from attachment except for a consumer debt and then 85% of the debtor’s wages are exempt. If at the hearing a debtor can show his income is used for reasonable and necessary living expenses for himself and that of his legal dependants, his income may be exempt. If an order to garnish is obtained, it continues until the judgment is paid in full or his employment is terminated.

47. Virginia Wage Garnishment

Virginia uses the federal wage exemption. The maximum part of disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of; 1. 25% of disposable earnings for that week, or 2. The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum wage.

48. Virgin Islands Wage Garnishment

Garnishment is subject to ten percent (10%) or so much of gross wages as exceeds $30 due or to become due to judgment debtor from employer-garnishee for any weekly pay period, or its equivalent for any pay period of different duration. The above percentage limitation does not apply in case of execution of judgment, order or decree of any court for payment of any sum for support or maintenance of a person’s spouse, former spouse, or children, and such execution, judgment, order or decree will, in the discretion of the court, have priority over any other levy against judgment debtor’s wages. In case of execution on judgment, order or decree for payment of such sum for support of maintenance, limitation will be fifty percent (50%) of gross wages due or to become due to any person per pay period or periods ending in any calendar month. (Title 5, Section 522, Virgin Islands Code).

49. Washington Wage Garnishment

Garnishment is allowed under RCW 6.27.005. It is limited to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010

50. West Virginia Wage Garnishment

Wage attachment is permitted in West Virginia through use of a suggestee execution. A suggestee execution is an order issued by the clerk directing the judgment debtor’s employer to withhold a portion of the debtor’s wages and pay them over to the creditor. The creditor must have a valid judgment and must sign an affidavit establishing that the debtor’s disposable income exceeds 30 times the federal minimum wage after deduction of state and federal taxes, See West Virginia Code §§ 38-5A-l to 13; 38-5B-l to 16. West Virginia law also allows judgment creditors to file a suggestion of personal property, a writ of execution and a judgment lien creditor’s action.

51. Wisconsin Wage Garnishment

Wage garnishment actions are considered separate actions under Wisconsin Statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail. on issuance of the earnings garnishment, the garnishment will remain in effect for a period of 13 weeks. At the end of this time period, a new garnishment action must be commenced, unless the previous garnishment was voluntarily extended. Typically, 20% of a debtor’s net earnings after withholding taxes and Social Security can be taken by a creditor. A debtor does have the right to assert various exemptions to the garnishment, including income below the Federal Poverty Guidelines, eligibility to receive foods stamps or medical assistance, or court-ordered assignments of child support that exceed 25% of the debtor’s wages.

52. Wyoming Wage Garnishment

Section 1-15-408: A writ of post judgment garnishment shall attach to the lesser of twenty-five percent (25%) of 8disposable earnings, or that amount of disposable earnings which exceeds thirty (30) times the federal minimum hourly wage. Section 1-15-502: Garnishment (on the wages of the defendant) shall be a lien and continuous levy against earnings due until ninety [90) days has expired or until the writ is dismissed. Section 1-15-504: When more than one (1) writ of continuing garnishment has been issued against the earnings due the same judgment debtor, the garnishment shall be satisfied in the order of service on the garnishee.

You have options when faced with a debt collection lawsuit or wage garnishment.

Don’t be defaulted or give up your hard earned wages, defend your case or settle for less! You may be able to have the lawsuit against you dismissed, or may be able to stop an unlawful wage garnishment.   Click here or call toll free 888-FDCPA-LAW (888-332-7252) for a FREE Fair Debt Case review.

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IMAGES

  1. Wage Nevada 2006-2023 Form

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  2. Nevada Weekly Wage and Hour Report of Public Work Contractors for the

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  3. NV Weekly Wage and Hour Report of Public Work Contractors

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  4. Free Nevada Minimum Wage Schedules Labor Law Poster 2020

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  5. Form D-8

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  6. Nevada Employers Verification of Employment and Lost Wages

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COMMENTS

  1. NAC: CHAPTER 608

    "Piece rate" defined. "Salary" defined. "Uniform" interpreted. Minimum wage: Applicability; rates; annual adjustments. Minimum wage: Qualification to pay lower rate to employee offered health insurance. Minimum wage: Determination of whether employee share of premium of qualified health insurance exceeds 10 percent of gross taxable income.

  2. Labor Commissioner

    Office of the Labor Commissioner (OLC) Responsibilities: The Office of the Labor Commissioner (OLC) is the principal wage and hour and labor regulatory agency for the State of Nevada. The OLC is responsible for ensuring that minimum wage, prevailing wage, and overtime are paid to employees in Nevada, and that employee rest, break, and lunch periods are provided.

  3. What Is Wage Assignment?

    A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first. Note Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans.

  4. Wage Garnishment in Nevada: 5 Things You Need to Know

    How much can you be garnished? Take the Nevada wage garnishment calculator below to help you find out. Our wage garnishment calculator is a free tool available online. After entering your information, the calculator estimates the amount of your wage garnishment.

  5. Wage Assignments and Garnishments: What Finance Leaders Need to Know

    A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

  6. PDF Office of the Labor Commissioner

    What is Minimum Wage in Nevada? • Nevada is a two-tier minimum wage system. Minimum wage is $8.75 for employers who offer employees a qualified health benefit plan. $9.75 must be paid if the employer does not offer a qualified health benefit plan.

  7. Nevada Assignment of a Specified Amount of Wages

    In Nevada, there are two types of Assignment of a Specified Amount of Wages: Voluntary Assignment and Garnishment. 1. Voluntary Assignment: This type of assignment occurs when an employee willingly chooses to assign a specific amount of their wages to a creditor to satisfy a debt.

  8. Nevada Employment And Labor Laws

    NV Statute 608.080 Manner of Wage Payments An employer may pay employees by: cash check redeemable at face value with deduction or fee any other manner agreed to by the employee NA Statute 608.120 An employer may use an electronic payment system, including, but not limited to, direct deposit, debit card or similar payment system if:

  9. Statutes and Regulations(1)

    State of Nevada Department of Business & Industry Office of the Labor Commissioner. State Agencies State Jobs ADA Assistance. Home. Home; About Us. ... NRS 608: Compensation, Wages and Hour. NRS 609: Employment of Minors* NRS 610: Apprenticeships. NRS 611: Employment Agencies and Offices . NRS 613: Employment Practices.

  10. Nevada Wage Garnishment Calculator

    Employers in Nevada may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use. Understanding Nevada Higher Order Priority in the Calculation First, the creditor requests a writ of execution from the Nevada court.

  11. Wage Assignment: What it Means, How it Works

    Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Wage assignments may be either voluntary or involuntary, depending on...

  12. State Wage Garnishment Laws Chart: Overview

    A 50-state survey of state wage garnishment laws. This Chart provides an overview of state wage garnishment exemptions, priority among garnishments for different types of debt, fees employers may charge to administer garnishments, and job protection rights for employees whose wages are garnished. This Chart applies to private sector employers and assumes no applicable collective bargaining ...

  13. PDF STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING AND ...

    WAGE GARNISHMENT CALCULATOR YOUR RESULTS ARE IN THESE COLUMNS. WAGE GARNISHMENT AMOUNT IN SHOWN IN COLUMN K. TABLE FOR BI-WEEKLY PAY SCHEDULE Gross Wage Amount and Percentage Threshhold [NRS 31.295.2(a)(b)] STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION EMPLOYMENT SECURITY DIVISION Gross Wage Amount and Percentage

  14. Nevada Assignment of Wages Due or to Become Due

    1. Traditional Nevada Assignment of Wages Due or to Become Due: The traditional assignment of wages is the most common type observed in Nevada. It enables individuals to assign a specific percentage or fixed amount of their future wages to a creditor, primarily aimed at debt repayment.

  15. State Laws on Wage Garnishments

    Employee protections that exceed federal law: Newly hired, rehired, or returning employees may be asked to disclose any child support wage assignment orders but may not be discriminated against, fired, or disciplined because of having them. Employer's fee: $1 per pay period or $4 per month.

  16. Tesla will reportedly raise some Nevada workers' pay by 10% ...

    The EV maker will bump the pay for hourly workers from $20 to $22 an hour on the low end, a 10% increase. Some workers on the high end could end up at $34.50 an hour from $30.65, a 12.5% increase ...

  17. Tesla to Raise Wages for Some Workers at Nevada Gigafactory Amid

    Tesla ( TSLA) is reportedly planning to raise hourly pay for some workers at its battery factory in Nevada by 10% or more in January, amid growing pressure from the United Auto Workers (UAW) union ...

  18. Tesla Raises Wages for Nevada Gigafactory Workers Amid Union Push

    The carmaker has said it will invest another $3.6 billion to build two factories and employ 3,000 new members in Nevada. The wage hikes come as the United Auto Workers — fresh from record ...

  19. Involuntary and Voluntary Pay Deductions: Nevada

    Federal law and guidance on this subject should be reviewed together with this section.. Authors: Dora V. Lane and Bradley T. Cave, Holland & Hart LLP Summary. Employers that receive a child support withholding order for an employee must begin withholding in the first pay period that occurs within 14 days after the mailing date of the order.

  20. How to Protect Wages and Benefits from Creditors

    Massachusetts (85% or 50 times the state minimum wage of $12); Nevada (82% or 50 times the federal minimum wage); ... A wage assignment instructs the consumer's employer to send a portion of the consumer's pay to the creditor each pay period. Courts have held that the federal law that limits the amount of a wage garnishment protection does ...

  21. Wage Garnishment in Nevada

    The amount of your weekly disposable income that exceeds 50 times the federal minimum wage. The current minimum wage is $7.25, so 50 times that is $362.50. 82% of your weekly disposable earnings if your gross weekly salary or wage on the date that the most recent writ of garnishment was issued is $770 or less.

  22. Wage Assignments in Consumer and Other Contracts

    Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator. The "wage assignment" provision assigns the borrower's future wages to the creditor in the event of default by non-payment.

  23. Nevada Wage Garnishment Laws

    Limits on Wage Garnishment in Nevada. Nevada law exempts the greater of following from garnishment for any workweek: 82% of the disposable earnings of a judgment debtor during that week if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued was $770 or less.

  24. Wage Garnishment Laws by State 2023

    Wage Garnishment Laws by State 2023. Wage garnishment, also called wage attachment, is a legal process for collecting a monetary judgment for a creditor if a debtor does not pay their debt. It involves a court order requiring that an employee withholds a portion of the debtor's paycheck and sends it to the creditor.

  25. Tesla hikes wages at Nevada Gigafactory

    Tesla will raise hourly wages for lower-ranked employees from $20 to $22 hourly, and higher-ranked employees will see a boost from $30.65 to $34.50 an hour. The raises constitute a 10% gain.

  26. Wage garnishment laws for all 50 states

    33. New York Wage Garnishment. The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less. If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings.