Consumer Credit Protection

 

To provide restrictions on the amount of an employee's wages or salary which may be garnisheed, and to prohibit employers from discharging employees by reason of garnishment for any one indebtedness.

General information about this opportunity
Last Known Status
Active
Program Number
17.306
Federal Agency/Office
Agency: Department of Labor
Office: Wage and Hour Division
Type(s) of Assistance Offered
ADVISORY SERVICES AND COUNSELING; INVESTIGATION OF COMPLAINTS
Program Accomplishments
Not Applicable.
Authorization
Consumer Credit Protection Act, Public Law 90-321, 5 U.S.C. 1671-1677, as amended; Public Law 95-30.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Any person whose earnings have been subjected to garnishment is entitled to the protection provided by the Act in the United States, the District of Columbia, Puerto Rico, the Virgin Islands; Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (Chapter 345, 67 Stat. 462); American Samoa, Guam, Wake Island; and Johnston Island. Under the law, earnings are defined as compensation paid or payable for personal services, including wages, salary, commissions, bonuses, and including periodic payments pursuant to a pension or retirement program.
Beneficiary Eligibility
Any person whose earnings have been subjected to garnishment.
Credentials/Documentation
No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Persons having knowledge of wage and employment practices which are not in compliance with the minimum standards of these acts, and persons seeking advice or assistance concerning the application of the Federal wage garnishment law to specific situations, including persons seeking remedy to an illegal action under the law, should contact the nearest office of the Wage and Hour Division listed in the telephone directory under United States Government, Labor Department. If no listing is shown for you locality, contact the nearest district office of the Wage and Hour Division listed in the Catalog under Regional Agency Offices. Unless otherwise authorized, the names of persons making inquiries are kept confidential to the maximum extent possible under existing law.
Award Procedure
Not applicable.
Deadlines
Not Applicable.
Approval/Disapproval Decision Time
Not applicable.
Appeals
Not applicable.
Renewals
Not applicable.
How are proposals selected?
Not Applicable.
How may assistance be used?
The general rules for applying the Federal restrictions on garnishment are: If an individual's weekly disposable earnings are $196.50 or less, no amount may be garnished; if the weekly disposable earnings are more than $217.50 but less than $290.00, only the amount in excess of $217.50 may be garnished; and if the weekly disposable earnings are in excess of $290.00 or more, 25 percent of disposable earnings may be garnished. The Act, as amended, limits court orders for the support of any person to 50 percent of the disposable earnings of an individual supporting another spouse or child and to 60 percent of disposable earnings if not. An additional 5 percent may be garnished for support payments more than 12 weeks in arrears. The order must be issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by law, which affords substantial due process, and which is subject to judicial review. The restrictions do not apply under Federal bankruptcy proceedings for wage-earners, nor do they apply to debts due for State or Federal taxes. In addition, garnishments issued under the laws of any State may be exempted from the operation of the Federal law where the Secretary of Labor determines that such laws provide substantially similar restrictions. Under no circumstances may an employee be discharged from employment by reason of garnishment for any one indebtedness, although State laws may provide additional protection.
What are the requirements after being awarded this opportunity?
Reporting
Not Applicable.
Auditing
Not Applicable.
Records
Not applicable.
Other Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Not applicable. See the following for information on how assistance is awarded/released: Not applicable.
Who do I contact about this opportunity?
Regional or Local Office
See Regional Agency Offices. Persons having knowledge of wage and employment practices which are not in compliance with the minimum standards of these acts, and persons requesting information or publications should contact the nearest Office of the Wage and Hour Division, listed in the telephone directory under United States Government, Labor Department. If no listing is shown for your locality, contact the nearest district office of the Wage and Hour Division, listed in the Catalog under Regional Agency Offices.
Headquarters Office
Robert DeVore, 200 Constitution Ave., N.W., Washington, District of Columbia 20210 Email: devore.robert@dol.gov Phone: (202) 693-0539.
Website Address
http://www.dol.gov./WHD/garnishment/index.htm
Financial Information
Account Identification
16-0105-0-1-505.
Obligations
(Salaries) FY 09 $193,092,000; FY 10 est $227,606,000; and FY 11 est $244,240,000
Range and Average of Financial Assistance
not applicable.
Regulations, Guidelines and Literature
Publications furnished free in limited quantities: Fact Sheet: The Federal Wage Garnishment Law, Regulations, 29 CFR Part 870: Restriction on Garnishment.
Examples of Funded Projects
Not Applicable.

 



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