Administering Wage Attachments in a Changing World
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The work world today is changing rapidly and unfortunately when it comes to payroll, federal and state laws regarding wage attachments have not kept up.
The payor, be it for employee wages or contractor earnings, is just beginning to look at this. In the past few years, some states have included contractors as employees, when it involves withholding for a creditor garnishment. Many states require support to be withheld from contractor pay. Remember, the employer has legal liability for administering wage attachments, not the payroll department. What situations have changed? More individuals are working as contractors as opposed to employees. Many companies are more lenient about paying for time worked instead of waiting for full pay at the end of the work period or the employee may arrange for a third party to advance wages earned. Some businesses actually pay on a daily basis. More employees are working from home and many of those individuals move to a state where the employer does not have a business presence. State laws are becoming more protective of employee pay, particularly for lower wage earnings. Those protections include substituting SMW for FMW, increasing the number of hours used to calculate the protected amount, and reducing withholding the withholding percentage from 25% to a lower percentage.
Amorette Bryant, ABryant Consulting
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