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California Wage Garnishments Overview & Updates


Product Code - PYAU01
Speaker(s): Amorette (Amy) Bryant
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Every state seems to have laws which affect withholding for employee wage attachments (garnishment) that are a little unique from the federal laws or to the laws in other states. California is no exception. California has the largest population of any state (more than 37 million). That means there are more employers that must be aware of wage attachment administrative requirements as well as how much may be withheld when the employee has one or more attachments against their earnings.

Just when you think you have things under control, the rules change. For paychecks issued on or after July 1, 2013, the statutory exemption used for the calculation of California wage garnishments and tax levies changes.

•California has unique priority requirements for attachments based on state law. Each type; support, state tax, other state debts, creditor debt, have a little different twist than in other states.
•California statutory exemption for California wage garnishment and tax levies changes will no longer follow the federal law on July 1, 2013.
•California has unique garnishments such as Earnings Withholding Order for Elder or Dependent Adult Financial Abuse.
•Learn about the state withholding restrictions on income withholding for child and or spousal support. When must you remit payments to the SDU and when to the former spouse?
•What forms does the employer have to give to the employee when an IWO or NMSN are issued?
•What priority should be applied to medical support premiums?
•What is the limitation on withholding for medical support premiums that employers are responsible for monitoring?
•Other basics about support that apply; when to begin withholding, when to remit, how to remit payment, what to do when the employee terminates and more.
Franchise Tax Board
•Think the FTB only issues orders for personal tax? Learn what other debts the FTB is responsible for collecting.
•FTB orders do not all have the same priority, learn which are more important.
•What earnings must be reported in the answer; current or past earnings?
•Get out the payroll calendar, when must withholding begin?
•Other basics, including examples of the newly legislated statutory exemption, withholding limits, where and when to make payment.
•Learn how some companies are paying electronically.
Creditor Garnishment
•California garnishments will no longer follow the statutory exemption of the federal CCPA, learn how to calculate garnishments correctly for checks paid on or after July 1, 2013.
•Learn who is more important - the Sheriff that served the garnishment or the plaintiff's attorney.
•Do you have to deduct the Sheriff's fee separately?
•Which other wage attachments require priority be changed? Hint; it is not just support.
Federal Administrative Wage Garnishments
•Even though garnishments for delinquent student loans issued by state guaranty agencies and federal non tax debts issued by various federal agencies follow federal laws, it is important to understand the interaction of those attachments when the employee also has state issued wage attachments.
•Learn what priority and aggregation laws must be applied.

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Amorette (Amy) Bryant

Bryant resized
Amorette (Amy) Bryant has 15 years of experience managing large payroll departments in both the private and public sectors, and 14 years of experience as a consultant. A widely recognized authority in the area of Garnishment Regulations and Administration, her background also includes:
•Author of the Complete Guide to Federal and State Garnishment, 2012 edition, Aspen Publishers
•Coauthor of the Federal Office of Child Support Enforcement's The Employer's Desk Guide to Child Support.
•Member and past chair of the APA Subcommittee for Child Support and the Subcommittee for Wage Attachments
•Member of committees hosted by the federal Office of Child Support Enforcement , since 1995, to design the Order/Notice to Withhold, the Electronic Income Withholding Order, the Standard Verification of Employment Form and processes for electronically reporting lump sum payments.
•Appointed as an Advisor to the National Conference of Commissioners on Uniform State Laws (NCCUSL) to participate in a feasibility study to standardize wage garnishment requirements at the state level.