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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Restriction on Garnishment |
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| Exemption for State-Regulated Garnishments |
29 CFR 870.51 - Exemption policy.
- Section Number: 870.51
- Section Name: Exemption policy.
(a) It is the policy of the Secretary of Labor to permit exemption
from section 303(a) of the CCPA garnishments issued under the laws of a
State if those laws considered together cover every case of garnishment
covered by the Act, and if those laws provide the same or greater
protection to individuals. Differences in text between the restrictions
of State laws and those in section 303(a) of the Act are not material so
long as the State laws provide the same or greater restrictions on the
garnishment of individuals' earnings.
(b) In determining whether State-regulated garnishments should be
exempted from section 303(a) of the CCPA, or whether such an exemption
should be terminated, the laws of the State shall be examined with
particular regard to the classes of persons and of transactions to which
they may apply; the formulas provided for determining the maximum part
of an individual's earnings which may be subject to garnishment;
restrictions on the application of the formulas; and with regard to
procedural burdens placed on the individual whose earnings are subject
to garnishment.
(c) Particular attention is directed to the fact that subsection (a)
of section 303, when considered with subsection (c) of that section, is
read as not requiring the raising of the subsection (a) restrictions as
affirmative defenses in garnishment proceedings.
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