Garnishment of Vacation Pay?

[ever_learning]

What is the name of your state? Mississippi

A friend of mine is currently being garnished. His place of employment pays two weeks vacation. Instead of getting the pay when you take vacation, they provide all employees with pay in the month of June, during which all employees are required to take that week off due to a cease in production. So he receives one check for the actual work he did the week prior, and another one with the vacation pay.

The employer informed him that the garnishment should not be taken out of the vacation pay, but when my friend recieved the check a sizable amount had been withheld.

Is this correct? I am not knowledgable in this type of situation and thought that unearned income was not available for garnishment.

Any information would be greatly appreciated.

Thank you.

 

[seniorjudge]

What is the name of your state? Mississippi

A friend of mine is currently being garnished. His place of employment pays two weeks vacation. Instead of getting the pay when you take vacation, they provide all employees with pay in the month of June, during which all employees are required to take that week off due to a cease in production. So he receives one check for the actual work he did the week prior, and another one with the vacation pay.

The employer informed him that the garnishment should not be taken out of the vacation pay, but when my friend recieved the check a sizable amount had been withheld.

Is this correct? I am not knowledgable in this type of situation and thought that unearned income was not available for garnishment.

Any information would be greatly appreciated.

Thank you.

Garnishment of Wages
A garnishment is an order issued by a court requiring that the earnings of a worker be withheld from the worker's paycheck and paid to a third party to whom the worker owes a debt. The Consumer Credit Protection Act (15 U.S.C. Sections 1671-1677) is a federal law that limits the amount of money that may be withheld from a paycheck pursuant to a garnishment order. The general rule is that the maximum amount that can be garnished from a paycheck is the lesser of 25 percent of an employee's take-home pay or that part of take-home pay exceeding thirty times the federal minimum wage. The law permits a larger amount to be deducted where the debt owed is for child-support payments, bankruptcy, or back taxes.

The Consumer Credit Protection Act also prohibits an employer from discharging an employee because his or her wages have been garnished once.

http://employment.findlaw.com/articles/2518.html


Learn to use Google...it's your friend.

 

[ever_learning]

I did try Google...and you are so right, it is indeed your friend.

But I did not quite understand the information I found.

Forgive my ignorance, it is all jargon to me.

So, I guess this means, they can garnish any payment that the employee is to receive if it is coming from the employer to employee, being vacation, bonus,actual work, commission, etc.

Thanks.