IMPORTANT NOTICE TO EMPLOYER
FEDERAL LAW (31 U.S.C. § 3720D, 31 C.F.R. § 285.11) PROVIDES:
1. Federal law supersedes State law. Federal law applies to wage garnishment pursuant to the Wage
Garnishment Order notwithstanding State law.
2. Disposable pay. For purposes of the Wage Garnishment Order, "disposable pay" means the
employee's compensation (including, but not limited to, salary, overtime, bonuses, commissions, sick
leave and vacation pay) from an employer after the deduction of health insurance premiums and any
amounts required by law to be withheld. Proper deductions include Federal, State, and local taxes,
State unemployment and disability taxes, social security taxes, and involuntary pension contributions,
but do not include voluntary pension or retirement plan contributions, union dues, or amounts withheld
pursuant to a court order, and the like. A Wage Garnishment Worksheet is included with the Wage
Garnishment Order to assist the employer in calculating disposable pay and the wage garnishment
3. Multiple Withholding Orders. If in addition to the Wage Garnishment Order you, as employer, are
served with other withholding orders pertaining to the same employee, then you may withhold
sufficient amounts to satisfy the multiple withholding orders simultaneously, up to the maximum
amount of 25%. The Wage Garnishment Order should be paid before garnishment or withholding
orders that you receive after you receive this one, EXCEPT that family support orders always should
be paid first. Upon termination of the family support or prior withholding order(s), the amount
withheld for the Wage Garnishment Order shall be increased to the amount stated in Section 2 of the
Wage Garnishment Order.
4. Pay cycles. An employer is not required to vary its normal pay and disbursement cycles to comply
with the Wage Garnishment Order.
Failure to comply. AN EMPLOYER WHO FAILS TO COMPLY WITH THE WAGE
GARNISHMENT ORDER SHALL BE LIABLE FOR ANY AMOUNTS THAT THE
EMPLOYER FAILS TO WITHHOLD UNDER THE WAGE GARNISHMENT ORDER, PLUS
ATTORNEY'S FEES AND COSTS INCURRED BY THE CREDITOR AGENCY TO
ENFORCE THE WAGE GARNISHMENT ORDER. IN ADDITION, THE EMPLOYER WHO
FAILS TO COMPLY WITH THE WAGE GARNISHMENT ORDER MAY BE LIABLE FOR
PUNITIVE DAMAGES AS DETERMINED BY A COURT OF COMPETENT JURISDICTION.
No retaliation. AN INDIVIDUAL MAY SUE ANY EMPLOYER WHO DISCHARGES
FROM EMPLOYMENT, REFUSES TO EMPLOY, OR TAKES DISCIPLINARY ACTION
AGAINST AN INDIVIDUAL SUBJECT TO A WAGE GARNISHMENT ORDER BY REASON
OF THE FACT THAT THE INDIVIDUAL'S WAGES HAVE BEEN SUBJECT TO
GARNISHMENT UNDER 31 U.S.C. § 3720D. A COURT OF COMPETENT JURISDICTION
SHALL AWARD ATTORNEY'S FEES TO A PREVAILING EMPLOYEE, AND, IN ITS
DISCRETION, MAY ORDER REINSTATEMENT OF THE INDIVIDUAL, AWARD
PUNITIVE DAMAGES AND BACK PAY TO THE EMPLOYEE, OR ORDER SUCH OTHER
REMEDY AS MAY BE REASONABLY NECESSARY.
STANDARD FORM 329A BACK