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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:


Money is taken from your paycheck voluntarily to repay debt	A legal procedure where a portion of an employee’s earnings is withheld to repay debt
No court order required	A court order usually precedes wage garnishments
You have the right to stop the wage assignment at any time	You need to go through a legal process to stop a wage garnishment

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Wage Garnishment & Assignment: 4 must knows for employers

By Julie Farraj

Feb. 15, 2017

Proper management of wage garnishment can be especially crucial to growing businesses because as their hiring increases, they may also be inadvertently increasing their garnishment liability. That’s why it’s important for an employer to remember four things can help appropriately and accurately process wage garnishments while remaining compliant.

1. All garnishments are not the same.

Here’s a basic wage withholding definition: When an employee fails to repay a debt, a wage withholding court order can be issued against the employee’s earnings to satisfy that debt. This court order — also called a wage garnishment — requires the employer to withhold a portion of the employee’s wages and forward them to a third party. Wage garnishment orders also can be issued by government agencies such as the IRS, state tax agencies and the U.S. Department of Education.

Simple, right? A business receives an order about one of its employees and refers it to its payroll department to process by withholding the appropriate wages and forwarding it to the proper recipient.

There are six common types of wage garnishment. They are:

Child support garnishment comprises by far the highest volume of orders employers process, and, while some of the laws are very standardized, the law can vary by state.

Creditor garnishments are debts that occur when a person is delinquent on consumer payments (e.g. credit card debt). The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt.

Bankruptcy orders . Based on research from the American Bankruptcy Institute , 97 percent of all bankruptcies are personal filings rather than business filings.

Student loans may be collected by the U.S. Department of Education, which may contract with collection agencies to enforce and collect the defaulted loans.

Tax levy garnishments can be issued at the federal, state or local level. Each state differs in its requirements and those laws may differ from federal levies.

Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.

It’s important that employers keep in mind the type of debt owed, the party collecting it, and the laws applicable to that debt. Knowing which laws, rules, and regulations apply and keeping current on them when processing wage garnishments can be challenging for employers, and, if done incorrectly, may expose employers to various liabilities and penalties.

In addition, the six types of wage garnishments noted above are the most common wage garnishments; employers may receive other less common types of wage garnishments. It’s the employer’s responsibility to comply with and make sure all orders are processed in a timely manner and correctly whether or not they are familiar.

2. Wage garnishment can affect employee productivity and morale.

Most employers recognize that wage garnishment has a direct impact on employees. However, this impact can extend beyond their paychecks. Processing garnishments is not as straightforward as simply withholding wages from an employee’s paycheck and sending a payment. The process is far from simple and can be complicated by myriad emotions.

Employees often find it humiliating because the courts have intervened and employers have become involved in their private struggles.

Employees in this position may feel that they’re now working for the institutions to which they’re indebted rather than for themselves and their futures. Stress and anxiety are often natural extensions of the garnishment process.

An affected employee’s anxiety could show itself through decreased productivity or a lack of motivation. Employers can help affected employees and potentially decrease future garnishments by providing financial wellness training and counseling, as well as tax education, to help employees manage debt.

3. Wage garnishment can affect an employer’s finances and business efficiency.

Employees aren’t the only ones affected by wage garnishment. Employers expose themselves to financial and legal risk when they incorrectly garnish an employee’s wages, fail to file in a timely way, file a defective response, fail to follow specific requirements when sending payments, or make other missteps with a garnishment. Mishandling a garnishment can lead to a judgment against the employer for the entire amount of the employee’s debt, a lawsuit from the creditor or the employee, or other costs or penalties that the employer didn’t anticipate or budget for.

In the instance of garnishments for child support, employers could potentially feel the impact of laws designed to restrict travel. For instance, the Social Security Act was amended in 1997 with a sub-section that established the denial, revocation, or restriction of U.S. passports if the non-custodial parent has child support arrears of $2,500 or more. Additionally, some state agencies have the authority to deny or revoke drivers’ and professional licenses for past-due child support obligations .

If your business requires employees to travel internationally or employs drivers, these laws could impact an employee’s ability to do his or her job effectively and, by extension, impact the efficiency of your business.

Another current area of focus that could impact employers is in the creditor garnishment arena. Currently, the American Payroll Association is working with the Uniform Law Commission to establish a standardized processing for creditor garnishments through the Uniform Wage Garnishment Act, which proposes to standardize the wage-garnishment process for employers, employees and creditors. Currently, state laws differ significantly in their requirements regarding wage garnishment, from the beginning to the end of the garnishment, and are often outdated. This means businesses that operate in multiple states must identify and abide by these different legal requirements, which can potentially lead to processing errors, confusion, inefficiency and noncompliance.

Companies can help manage these challenges if they become familiar with garnishment laws and guidance from agencies such as the Federal Office of Child Support Enforcement, develop reliable and timely procedures for garnishment processing and ensure that policies are administered fairly for all employees facing a wage garnishment.

It may be useful to develop tools, resources and strong contacts with agencies, courts and garnishors. Staying close to these agencies may help your business remain aware of major changes to wage garnishment laws.

Consider participating in state and federally initiated pilot projects. These programs are valuable opportunities to positively build relationships, influence initiatives and provide needed feedback. Make sure you have established a way to monitor legislation that could affect garnishment processing.

Other steps an employer can take include participating with committees, attending conferences regarding wage withholding, and leveraging other contacts you’ve developed with the agencies, those imposing wage garnishments, or other employers.

4. Paper processing is the not the only option.

A study by the ADP Research Institute revealed that 7.2 percent of employees had wages garnished in 2013. Keeping pace with the proper and timely processing of wage garnishments is challenging for many businesses.

As wage garnishment volumes and laws intensify, garnishment processors have the option to use electronic funds transfer, or EFT, to save time, increase efficiency, streamline processes and potentially reduce costs.

Currently, virtually every child support state agency has the ability to accept child support payments via EFT, and some have even mandated employers to send payments electronically. Some tax levy agencies, trustees and student loan agencies also are implementing electronic payment capabilities. In addition to business efficiencies, EFT enables greater security of personally identifiable information, such as Social Security numbers.

Minnesota has passed legislation requiring employers to electronically file their response to a state tax garnishment summons with the state tax agency, and Wayne County Court in Michigan is piloting the option of electronic responses.

Electronic income withholding orders are already very popular. These enable states to electronically distribute income withholding orders and employers to electronically accept or reject them.

Clearly, wage garnishment can have a profound effect on the employee who is being garnished, as well as the employer who must implement the garnishment. It’s important for businesses of all sizes to understand the different types of wage garnishment, familiarize themselves with the laws governing them, and learn ways to accurately and efficiently process them.

Using best practices can help streamline an employer’s responsibilities and ease the potential anxiety an employee may feel with this sometimes-necessary workforce issue.

Julie Farraj is vice president of Garnishment Services for ADP Added Value Services. Comment below or email [email protected].

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Wage assignment and employers’ responsibilities

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer.

Must we honor a payday loan wage assignment?

Q. An employee borrowed money from a payday loan service at a very high interest rate that I feel is unfair. The payday loan service sent me a “wage assignment” notice and told me that our company must withhold money from his paychecks. What is a wage assignment, and does our company actually have to honor it? A. A wage assignment is a document that allows a creditor to attach part of the employee’s wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in a court proceeding before requesting payment. Under the Illinois Wage Assignment Act (740 ILCS 170), private employers are obligated to honor a creditor’s properly served demand for a valid wage assignment, unless an employee presents a timely, valid , written defense to the wage assignment.

What constitutes a valid assignment?

Q. How can I tell if a wage assignment is valid? How long is it valid? A. A valid wage assignment document must have the words “Wage Assignment” printed or written in boldface letters of not less than ¼ inch in height at the head of the wage assignment and one inch above or below the line where the employee signs the assignment. The employee must have signed the document in person, and the document must show the date of execution, the employee’s Social Security number, the name of the employer at the time of execution, the amount of money loaned or the price of the articles sold or other consideration given, the rate of interest or time-price differential to be paid, if any, and the date on which such payments are due. A wage assignment is valid for no more than three years after the employee signs it and the employer’s name appears on it. If the employee changes jobs, the wage assignment is valid for two years, even though the new employer’s name does not appear on the assignment.

Handling wage assignments

Q. How does the wage assignment process start? A. Assuming that the wage assignment document complies with the formal requirements, the creditor must serve “demand to withhold” on the employer. The demand is valid only if:

The employee has defaulted on the debt secured by the assignment for more than 40 days, and the default has continued to the date of the demand.

The demand contains a correct statement of the amount the employee is in default, and the creditor provides an original or a photocopy of the assignment to the employer.

The creditor has served a “notice of intention to make the demand” upon the employee, with a copy to the employer, by registered or certified mail not less than 20 days before serving the demand.

Putting on the brakes

Q. Can an employee stop the wage assignment process? A. The employee does have a right to contest the demand. If an employee has a legal defense to the wage assignment, the employee may—within 20 days after receiving a notice of demand or within five days after the employer is served with the demand—notify the employer, in writing, of any defense to the wage assignment and send a copy of the written defense to the creditor by registered or certified mail. As a result, the employee’s wages are not subject to a demand served by the creditor unless the employer receives a copy of a subsequent written agreement between the creditor and the employee authorizing such payments. Similarly, if the creditor receives a copy of the defense prior to serving its demand upon the employer, the creditor may not serve the demand upon the employer. Whether the employee’s defense is legally valid is not an issue the employer must resolve. Instead, the employee and the creditor may attempt to reach another agreement or the creditor may simply bring a separate lawsuit against the employee to collect an outstanding debt.

Calculating the wage assignment payment

Q. How much must the employer withhold—and when? A. The employer must begin payment to the creditor no sooner than five business days after service of such a demand. The employer must withhold the lesser of:

15% of weekly gross wages

The amount by which the disposable earnings for a week (pay remaining after federal and state taxes, Social Security deductions and any other amounts required by law to be withheld, including required retirement contributions) exceed 45 times the federal minimum wage, unless a notice of defense is received within that five-day period.

The employer shall be paid a fee of $12 for each wage assignment. That $12 is credited against the debt.

What Is a Wage Assignment?

How wage assignment works.

Why Are Wage Assignments Voluntary?

Wage Garnishment

The bottom line.

Credit & Debt
Debt Management

Wage Assignment: What It Means, How It Works

Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.

Key Takeaways

A wage assignment takes funds directly from an employee's paycheck to pay back a debt.
How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements.
A wage garnishment is an involuntary deduction and requires a court order.

Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Employees may sometimes opt for a voluntary wage assignment to pay for things like union dues or to contribute to a retirement fund.

A wage assignment is processed as part of an employer's payroll procedure. The employee's paycheck is decreased by the amount of the assignment and noted on their pay stub.

A wage assignment is often a lender's last resort to receive repayment from a borrower who has previously failed to pay a debt obligation.

Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices . If you're struggling with your debt, one of the best debt relief companies or credit counseling agencies may be able to help you get back on track before a wage assignment is incurred.

What Makes Wage Assignments Voluntary?

In a voluntary wage assignment, a worker essentially asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include a voluntary wage assignment clause in their terms should the borrower default on their loan.

Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Laws regarding wage assignments vary by state.

For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee and the employer must sign the agreement, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.

Involuntary wage deductions, known as wage garnishments , require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Wage garnishments may also be used to collect unpaid court fines or student loans that have been defaulted on.

Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.

How Long Can I Have a Wage Assignment?

Since wage assignments are voluntary, the length of time that you use one can vary. Some loans include a wage assignment agreement, so you'll have to check the language of your loan to determine your obligation. Each state also has its own regulations regarding wage assignments.

How Much of My Income Can Go to Wage Assignments?

Every state has its own regulations, but typically 15–25% of your disposable income can be designated for wage assignments.

Is Wage Garnishment the Same as Wage Assignment?

While they are similar, wage garnishment and assignment are not the same. Wage garnishment is an involuntary paycheck deduction, typically ordered to repay child support, student loans, tax debt, or bankruptcy. A wage assignment is voluntary and may be used to repay a consumer debt.

Wage assignments may be a useful tool to help you pay down a debt. Wage assignments are voluntary but they may be hidden in the fine print of some loan products, so read everything carefully before signing. Check the regulations in your state to determine if your wage assignment is revocable.

West Virginia Division of Labor. " Wage Payment and Collection (WPC) Act: Payroll Deductions and Wage Assignments ," Page 3.

Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ."

U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ."

Illinois Legal Aid. " Understanding Wage Assignment ."

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Wage Assignments in Consumer and Other Contracts

Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.

Not so for many of the so-called “voluntary” wage assignments that are being included in consumer credit and loan agreements with greater regularity than ever before. These provisions allow the creditor to skip the formality, delay, and expense of the legal process altogether, and go straight to the employer with a demand for garnishment.

An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.

Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.

The “wage assignment” provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.

Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.

Types of Voluntary Wage Assignments

Voluntary wage assignments, often simply called “wage assignments,” are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.

Considering these wage assignments as “voluntarily” is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.

In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.

Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings” or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.

Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).

Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.

State Law Limitations on Wage Assignments

Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.

Citations/references

Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.

Wage Assignment: Understanding Types and Real-life Scenarios

Last updated 04/16/2024 by

Fact checked by

Understanding wage assignment

How wage assignment operates, voluntary wage assignment, involuntary wage assignment, legal implications and considerations, regulations and protections, pros and cons of wage assignments.

Facilitates debt repayment
May prevent further legal actions
Structured repayment process
Reduction in take-home pay
Potential negative impact on credit
Legal constraints and limitations

Wage assignment in loan repayment

Wage assignment in child support cases, effects of wage assignment on credit, state-specific wage assignment regulations, florida wage assignment regulations, texas wage assignment limitations, frequently asked questions, is wage assignment the same as wage garnishment, can an employer refuse a wage assignment request from an employee, what legal protections exist for employees regarding wage assignments, can wage assignments be stopped or modified once initiated, do all types of debts qualify for wage assignment, key takeaways.

Wage assignment involves deducting money from an employee’s paycheck to repay debts.
It can be voluntary or involuntary, with distinct legal implications.
State laws govern wage assignments, setting limits on garnishments and durations.
Employees and employers should understand their rights and obligations regarding wage assignments.

Show Article Sources

Illinois Garnishments News: Wage Assignments No Longer Expire in 84 Days

Recently, illinois revised its wage assignment law. this development is important for multistate employers because illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages..

Recently, Illinois revised its wage assignment law. This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages. Under the Illinois Wage Assignment Act, 740 ILCS §§170/.01 et seq ., there are detailed steps that a creditor must take with an employee for an assignment to be legal and then again with the employer for the assignment to be enforceable against the employer. A highlight of three key changes to the law follows:

The revised statute eliminated the provision providing that the duration of deductions was only an 84-day period. After this period, the creditor had to restart the “Notice and Demand” process from the beginning in order for the employer to restart wage deductions. Now, under the revised statute, a valid wage assignment lasts until paid, but no longer than three years if the current employer is named on the assignment or two years if the current employer is not the one named on the assignment.
The revised statute added recognition of Federal Trade Commission (FTC) regulations that require wage assignments derived from credit transactions regulated by the FTC to be revocable at the will of the debtor. Since state laws cannot contradict federal law, this change is academic, but it does provide clarity to all involved parties.
The revised statute changed some of the statutory verbiage on the required Notice and Demand, including adding an entirely new document called “Understanding Your Choices Under the Illinois Wage Assignment Act.”

Martin C. Brook , a shareholder in the Detroit (Metro) office of Ogletree Deakins, is the author of OD Comply: Garnishments , a comprehensive subscription-based product compiling state law garnishment requirements in concise, user-friendly formats with links to state garnishment forms. OD Comply: Garnishments is updated and provided to OD Comply subscribers as the law changes.

For further information on garnishment issues and best practices, join Martin for “Garnishments and Other Wage Attachments: Answering, Administering, and Troubleshooting,” a full-day seminar that will take place on April 11, 2017, in Phoenix, Arizona. Register here .

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Wage Assignment Overview

Usually, a creditor has to go to court to take part of your wages. This is called wage garnishment .

However, if you signed a form agreeing to a wage assignment, a creditor can take your wages without first going to court. You may agree to a wage assignment when you sign a loan contract. This allows your creditor to have money deducted from your wages if you don't pay.

Starting a Wage Assignment

You must be at least 40 days behind on your loan before the creditor can have your employer start taking money out of your paycheck.

First, the creditor must mail you and your employer a Notice of Intent to Assign Wages 20 days before they can make the demand. The notice has to be sent to you by certified or registered mail. You should receive advance warning that money will be deducted from your wages.

The notice must follow a specific form and must include the following information:

be sent to you and your employer;
be sent by registered or certified mail;
inform you the creditor will demand part of your wages from your employer in 20 days;
include a copy of the wage assignment;
tell you how much you owe;
include your options to respond to the notice; and
include a revocation notice form.

The creditor then must send a demand letter to your employer. The demand must contain the correct amount in default and include a copy of the assignment. If the notice or demand does not follow the requirements of the law, they have no legal effect.

If you do not revoke the wage assignment, then 20 days later (once the loan is 40 days past due), your employer will start paying a portion of your paycheck to the creditor to pay off your debt.

Day One: Loan is past due

Day 20: Creditor sends notice

Day 40: Wage assignment begins.

Amount of a Wage Assignment

The creditor may take from your paycheck whichever amount is less between the following two options:

15% of your total wages, salary, commission, and bonuses for any workweek; or
The amount your take-home pay (after taxes and other withholdings) for a week is over $630 (which is 45 times the 2024 state minimum hourly wage ).

That means that you can only have a wage assignment if you take home over $630 per week.

Stopping a Wage Assignment

You can stop a wage assignment at any time for any reason. If you don't want the deduction to happen, write a letter to your employer and creditor stating you are canceling the wage assignment. Remember, you will still owe the money. The creditor can use other methods to collect it. That probably means a court case, which may end with an involuntary wage garnishment.

Length of a Wage Assignment

A wage assignment is good for 3 years from the date you signed the wage assignment. But, if you changed jobs after you signed the wage assignment, the wage assignment is only good for 2 years from the date you signed the wage assignment. If a creditor tries to collect money from your paycheck after the time period expires, you should talk to a lawyer. You might be able to sue the creditor in court.

Note : Child support and student loans can also result in garnishments without a court case.

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Wage Assignment

What is Wage Assignment?

Wage assignments allow creditors to take money directly from an employee’s paycheck to pay off a debt. They are voluntary agreements between the employee and the creditor. Due to the fact that employees must sign documents authorizing a creditor to take money from their paycheck, wage assignments do not require court approval. These arrangements differ from wage garnishments, in which a creditor must go to court to obtain permission to collect part of a debtor’s wages. Moreover, the employee typically has the right to terminate the wage assignments, while one must go through a legal process to stop a wage garnishment.

The United States often uses wage assignments to collect child support payments. Wage assignments may also be utilized to pay off other debts such as unpaid taxes or loans.

Key Takeaways

A wage assignment is a voluntary agreement that allows creditors to collect money directly from an employee’s paycheck to repay a debt.
Wage garnishments are used to repay various debt obligations such as taxes, child support, or loans.
State laws regulate the conditions and limitations for wage assignments.

Wages Assignment Limitations

Wage assignments are not regulated by federal law and therefore are not required to follow the Federal Consumer Credit Protection Act. The laws concerning wage assignment vary from state to state. Following are a few examples of restrictions in various states:

Illinois does not allow wage assignments unless the debt has gone unpaid for at least 40 days.
In West Virginia, wage assignments are limited to 25% of an employee’s take-home earnings.
Employers in Texas have no statutory obligation to honor voluntary wage assignments, but they may be required to do so under a contractual obligation.
New York does not allow wage assignments to exceed 10% of one’s gross income.
A spouse or domestic partner must also sign the wage assignment contract if the employee is married or has a domestic partner in Washington or Wisconsin.
Some states may require that the agreements be renewed annually and prohibit the assignments from lasting longer than three years. Additionally, various states allow wage assignments only when it is used to pay child support .

Bottom Line

W age assignments are undoubtedly a complicated subject. As a matter of fact, plenty of people are not aware of the differences between wage assignments and wage garnishments . Also, although wage assignments are voluntary, employees are not always aware that they agreed to them. Wage assignment provisions may be hidden among the fine print in consumer contracts and loan documents, and employees may not learn about these clauses until it is too late. This is why it is essential to hire proper legal representation to review important contracts before signing them. A seasoned attorney will be able to help you handle these complex arrangements.

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What is a Wage Assignment in Arizona

Table of contents, arizona wage assignments.

You may be asking what is a wage assignment in Arizona. A Wage assignment in Arizona is an order requiring a parent’s employer to deduct that parent’s child support and/or spousal maintenance obligation directly from his or her paycheck.

The court is required by law to order support payments to be paid through a wage assignment in Arizona unless both parties agree otherwise.

How a Wage Assignment is Issued in Arizona

A wage assignment is authorized to be issued by the Court by Arizona revised statute section 25-504. That statute authorizes the issuance of a wage assignment for the payment of child support and/or spousal maintenance when a parent files a verified request with the Clerk of the Court.

The verified request must include the following information:

The name of the person or agency entitled to receive support or spousal maintenance.
The monthly amount of any current support and the monthly amount of any spousal maintenance ordered by the court.
The specific amount requested for any support arrearages, spousal maintenance arrearages or interest.
The name and address of the payor to whom it is requested the order of assignment be directed and the name of the person obligated to pay support or spousal maintenance.

The Clerk of the Court, without notice or a hearing to the person ordered to pay support, will then issue the wage assignment of a portion of the parent’s income to pay the amount of child support and/or spousal maintenance ordered by the court. The Clerk of the Court will then notify the person ordered to pay support about the issuance of the wage assignment to his or her employer.

The wage assignment is then sent directly to the parent’s employer. The employer then deducts the support amounts directly from the parent’s paycheck and sends that payment to the Arizona Support Payment Clearinghouse .

U.S. News and World Report Votes Hildebrand Law, PC Best Law Firms for 2020 2021 2022 2023

When a Wage Assignment Ends in Arizona

The employer will continue to deduct the support amounts from the employee’s paycheck until either a court issues an order modifying or terminating the wage assignment or the clerk of the court terminates the wage assignment based upon a written and notarized stipulation signed by both parents or former spouses stating all support owed has been paid is filed with the clerk of the court.

Prohibited Employer Conduct Relating to a Wage Assignment

It is important to know that an employer is prohibited from firing or punishing an employee simply because of the issuance of a wage assignment on an employee’s wages. Arizona law allows an employee wrongfully terminated or disciplined as a result of a wage assignment to sue for damages, attorney fees and, in some cases, for reinstatement of an employee’s job.

Arizona Wage Assignment Attorneys

If you have questions about what is a wage assignment in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child support and family law attorneys have over 100 years of combined experience successfully representing clients in child support and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child support or family law case around today.

How do I stop a garnishment through a Wage Assignment for support in Arizona?

You can file a motion to stop a wage assignment for support in Arizona by filing a motion to terminate the wage assignment because your support obligation has ended or will end soon.

APA’s Garnishments and Wage and Hour Guides Updated for 2021

The APA has released the 2021 editions of its popular guides on garnishments and wage and hour laws. Both publications are available online on the APA Bookshelf in electronic format and can also be downloaded as a PDF. They also are available as softcover books.

Garnishments Guide

The 2021 edition of APA’s Guide to Federal and State Garnishment Laws can be used to confidently process multiple wage withholding orders, including child support income withholding orders (IWOs), creditor garnishments, federal and state tax levies, bankruptcy orders, and wage assignments.

Learn the latest on lump-sum payments, state electronic IWO and electronic child support payment capabilities and requirements, calculating wages exempt from federal tax levies, student loan and federal agency debt collection requirements and trends, and the priority of multiple orders of the same or different types of wage withholding orders. The publication is also available as a softcover book .

Wage and Hour Guide

The 2021 edition of APA’s Guide to Federal and State Wage & Hour Laws enables readers to comply with federal and state laws governing minimum wages, overtime, exempt vs. nonexempt employees, child labor restrictions, and much more.

Learn the state and local minimum wage rates and tip credit amounts for 2021, as well as the latest requirements for call-in time and predictive scheduling, wage payment methods, electronic pay statements, payments to terminated or deceased employees, and allowable deductions from wages. The publication is also available as a softcover book .

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Southern district of indiana, honorable jeffrey j. graham, chief judge eric kleis, clerk of court, search form.

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Wage Assignments

Official Procedure Last Change July 6, 2015

Bankruptcy > Order Upload > Single Order Upload

: A motion is not required to initiate or terminate a wage assignment. Simply upload a wage assignment order or an order terminating wage assignment.

General Information

A Wage Assignment is an order directing a Debtor’s employer to remit plan payments to the trustee.
The Southern District of Indiana does not require a motion to be filed in order to institute or terminate a wage assignment. Instead, the filing party should simply upload a proposed Wage Assignment Order or Order Terminating Wage Assignment .
A new order must be uploaded whenever the Debtor’s employer or plan payment changes.

Filing requirements

The Debtor(s) complete social security number must not be shown on the order.
New wage assignments : The order should state (1) the name of the employer; (2) the amount and frequency of the payment; and (3) for a joint case, the name of the debtor to whom the order applies.
Amended wage assignments : The name of the employer must match that shown on the original wage assignment. If the employer has changed, a new wage assignment must be used, and an order terminating the old wage assignment uploaded.
Orders terminating wage assignments : The name of the employer must be stated and, for a joint case, the name of the debtor to whom the order applies.

Step-by-Step Instructions

View instructions for uploading an order .

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UCFE Wage Calculator

The appropriate text from 20 CFR 609.8 (b) will be highlighted when a given scenario matches the parameters set forth in 20 CFR 609.8 (b).

State of Assignment for UCFE wages: Incomplete

(b) Assignment of service and wages. (1) An individual's Federal civilian service and Federal wages shall be assigned to the State in which the individual had his or her last official station prior to filing a first claim unless:

At the time a first claim is filed the individual resides in another State in which, after separation from Federal civilian service, the individual performed service covered under the State law, in which case all of the individual's Federal civilian service and wages shall be assigned to the latter State; or
Prior to filing a first claim an individual's last official station was outside the States, in which case all of the individual's Federal civilian service and Federal wages shall be assigned to the State in which the individual resides at the time the individual files a first claim, provided the individual is personally present in a State when the individual files the first claim.

https://www.govregs.com/regulations/20/609.8

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2023 Illinois Compiled Statutes Chapter 740 - CIVIL LIABILITIES 740 ILCS 170/ - Illinois Wage Assignment Act.

(740 ILCS 170/.01) (from Ch. 48, par. 39.01)

Sec. .01. Short Title. This Act shall be known and may be cited as the Illinois Wage Assignment Act.

(Source: P.A. 83-867.)

(740 ILCS 170/1) (from Ch. 48, par. 39.1)

Sec. 1. No assignment of wages earned or to be earned is valid unless

(1) Made in a written instrument (a) signed by the wage-earner in person and (b) bearing the date of its execution, the social security number of the wage-earner, the name of the employer of the wage-earner at the time of its execution, the amount of the money loaned or the price of the articles sold or other consideration given, the rate of interest or time-price differential, if any, to be paid, and the date when such payments are due;

(2) Given to secure an existing debt of the wage-earner or one contracted by the wage-earner simultaneously with its execution;

(3) An exact copy thereof is furnished to the wage-earner at the time the assignment is executed;

(4) The words "Wage Assignment" are printed or written in bold face letters of not less than 1/4 inch in height at the head of the wage assignment and also one inch above or below the line where the wage-earner signs that assignment;

(5) Written as a separate instrument complete in itself and not a part of any conditional sales contract or any other instrument.

The requirement of the social security number of the wage-earner imposed by this Act applies only as to wage assignments made after January 1, 1966.

(Source: Laws 1967, p. 2049.)

(740 ILCS 170/2) (from Ch. 48, par. 39.2)

Sec. 2. Demand on an employer for the wages of wage-earner by virtue of a wage assignment may not be served on the employer unless:

(1) There has been a default of more than 40 days in payment of the indebtedness secured by the assignment and the default has continued to the date of the demand;
(2) The demand contains a correct statement as to the amount the wage-earner is in default and the original or a copy of the assignment is exhibited to the employer; and
(3) Not less than 20 days before serving the demand, notice required under Section 2.2 has been served upon the employee, and an advice copy sent to the employer, by 2 methods: (i) first class mail; and (ii) registered or certified mail.

Service of any demand without complying with this Section has no legal effect. Proof of certified mail is prima facie evidence of service.

A demand under this Section applies only to wages due at the time of service of the demand and upon subsequent wages until the total amount due under the assignment is paid, or, if the wage assignment is revocable under federal law, until the employee revokes it.

(Source: P.A. 99-903, eff. 1-1-17.)

(740 ILCS 170/2.1) (from Ch. 48, par. 39.2a)

Sec. 2.1. A demand shall be in the following form:

"Demand is hereby made upon an assignment of salary, wages, commissions or other compensation for services, executed by .... and delivered to .... on (insert date), to secure a debt contracted on (insert date).

The total amount of the debt is $..... Payments in the amount of $.... have been made. The duration of the contract is .... months. There is now due and owing without acceleration the sum of $...., the last payment having been made on (insert date).

The employee herein named has been in default in his payments in the amount of $...., of which $.... has been due and owing for more than 40 days.

Unless you have received a written notice from the employee herein named revoking the wage assignment, you are required by law to make payment in accordance with such assignment. ...., first being duly sworn, deposes and says that the facts stated in the demand above are true and correct; and further deposes and says that he (or his principal, if he is an agent for the assignee) has not received notice from the debtor that he or she is revoking the wage assignment.

Payments must be made until the total amount due under the assignment is paid or until the employee revokes the wage assignment............................

Subscribed and sworn to before me on (insert date). ........................... Notary Public".

(740 ILCS 170/2.2) (from Ch. 48, par. 39.2b)

Sec. 2.2. Forms; notice of intent to assign wages; revocation.

(a) The notice to an employee required by Section 2 shall be in the following form: "NOTICE OF INTENT TO ASSIGN WAGES

This notice is required by the Illinois Wage Assignment Act. The notice has been sent to tell you that a creditor (name and address listed below) plans to have your wages assigned. A wage assignment is a document you signed at the time you signed the contract for your debt. It authorizes your creditor to receive a portion of your wages directly from your employer, in order to pay your debt. This notice contains important information about the debt and what your options are. You should read the entire notice carefully. WHY THE CREDITOR WANTS TO ASSIGN YOUR WAGES

You signed a wage assignment on ....... (date) ....... The wage assignment was signed as security if you failed to make payment on the contract you signed on ......... (date) .......... A copy of the wage assignment is attached. The creditor's records show that you have not made a payment since ......... (date) ....... and that you now owe $........ on the contract. The creditor will send a demand for wages to your employer 20 days from the date you receive this.

The creditor's name, address, and phone number are: ...................... ...................... ...................... ...................... (Signed by)"

(b) If the wage assignment is revocable under federal law, the notice required under subsection (a) shall also include the following: UNDERSTANDING YOUR CHOICES UNDER THE ILLINOIS WAGE ASSIGNMENT ACT

There are options available to you in this process. You should consider your options and determine the one that is best for you. You have the right to contact an attorney at any point concerning the wage assignment, or to help you determine your best option.

Your options include:

(1) You can stop the wage assignment at any time, which will stop your wages from being deducted. It will not eliminate your debt, and interest may continue to accrue. You may contact your creditor for more information about the interest rate on your contract, and to determine how much interest might accrue if you stop the wage assignment.
Your creditor will still be able to pursue other means of collecting any debt you may owe, including filing a lawsuit against you for the full amount owed under the contract and any interest that might accrue. A lawsuit might result in you owing legal fees and other costs.
You can stop the wage assignment by filling out the enclosed Revocation Notice Form, or by writing a letter stating that you are revoking the wage assignment. Send the Revocation Notice Form or letter by registered or certified mail to the creditor, at the address listed above. It is highly recommended that you give a copy of the Revocation Notice Form or letter to your employer so your employer can stop any pending payments.
If you choose to write a letter, it should be addressed to the creditor, and should include:
(i) your name;
(ii) the account number; and
(iii) a statement that you are revoking the wage assignment, such as, "I am revoking the wage assignment."
Even if the wage assignment has already begun, you can still stop it now or at any point in the future.
(2) You can do nothing, and allow the wage assignment process to proceed. Starting in 20 days, part of your wages will be sent directly to the creditor to pay off your debt. This will reduce your take-home pay every pay period until the total amount of the debt is repaid.
Up to 15% of your wages will be sent to the creditor every pay period. Once the total amount is repaid, the creditor will send a notice to you and to your employer that includes the creditor's name, your name, and the account number, stating that the wage assignment is closed and no further wages should be assigned.
(3) You can contact your creditor to repay the debt, or to explore other options, including a repayment plan or refinancing, if available. You can contact your creditor at the address and phone number listed above.
If you agree on another repayment option with your creditor, the creditor will send a notice to your employer stating that your wages should not be assigned.

......................

The creditor's name and address are:

Re: (insert account number)

I, (insert name), hereby revoke the wage assignment I signed on (insert date the wage assignment was signed). You no longer have my permission to use this wage assignment.

(Signed by)

(740 ILCS 170/3) (from Ch. 48, par. 39.3)

Sec. 3. No assignment of wages shall become invalid by reason of cessation of employment but shall be valid and collectible against any future employer of the wage-earner within a period of 2 years from the date of its execution.

(Source: Laws 1961, p. 1891.)

(740 ILCS 170/4) (from Ch. 48, par. 39.4)

Sec. 4. The maximum wages, salary, commissions, and bonuses that may be collected by an assignee for any work week shall not exceed the lesser of (1) 15% of such gross amount paid for that week or (2) the amount by which disposable earnings for a week exceed 45 times the Federal Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29, U.S.C., as amended, or the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater, in effect at the time the amounts are payable. This provision (and no other) applies irrespective of the place where the compensation was earned or payable and the State where the employee resides. No amounts required by law to be withheld may be taken from the amount collected by the creditor. The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. If there is more than one assignment demand received by the employer, the assignees shall collect in the order or priority of service of the demand upon the employer, but the total of all collections shall not exceed the amount that could have been collected if there had been one assignment demand.

Benefits and refunds payable by pension or retirement funds or systems, any assets of employees held by those funds or systems, and any moneys an employee is required to contribute to those funds or systems are exempt and are not subject to a wage assignment under this Act.

A fee of $12 for each wage assignment shall be collected by and paid to the employer and the amount so paid shall be credited against the amount of the wage-earner's outstanding debt.

(Source: P.A. 94-305, eff. 7-21-05.)

(740 ILCS 170/4.1) (from Ch. 48, par. 39.4a)

Sec. 4.1. Revocation of wage assignment. If the wage assignment is revocable under federal law, the employee may revoke the wage assignment at any time by submitting the Revocation Notice Form as provided in subsection (c) of Section 2.2 of this Act or otherwise providing written notice of revocation to the creditor. Revocation is effective regardless of how the creditor receives it. Failure to use the sample language provided in the notice described in Section 2.2 does not affect the validity of the written notice of revocation. The employee may submit a copy of the notice to his or her employer. If the written notice of revocation is served upon the creditor prior to the creditor's service of demand upon the employer, the demand shall not be served.

(740 ILCS 170/4.2) (from Ch. 48, par. 39.4b)

Sec. 4.2. If the employee has not served a Revocation Notice Form as provided in Section 4.1 of this Act or has not otherwise served the creditor with a written notice of revocation (if the wage assignment is revocable under federal law) as provided in this Act within 20 days after receiving the notice of intention to make a demand, the creditor may proceed with his demand, and the employer shall commence payment to the creditor not sooner than 5 business days after service of such demand, if no revocation notice has been received by the employer. If the employee cures the default stated in the demand or revokes the wage assignment, the creditor shall notify the employer and release the demand. No employer shall be liable for payments made in compliance with this Section.

If a Revocation Notice Form as set forth in Section 4.1 of this Act or other written notice of revocation from the employee is received by an employer, no wages are subject to a demand served by the creditor for that wage assignment and the employer shall cease any deduction of wages currently taking place for that wage assignment, unless the employer receives a copy of a subsequent written agreement between the creditor and employee authorizing such payments. If such an agreement is not reached, the creditor may not institute further proceedings on the wage assignment.

(740 ILCS 170/4.3) (from Ch. 48, par. 39.4c)

Sec. 4.3. If any person wrongfully: (1) serves a notice on an employee or serves a notice which does not conform with the requirements of Section 2.2, (2) causes a demand to be served for the wages of an employee, or (3) fails to release a demand, he shall be liable to the employee and the employer for statutory damages in the sum of $500 and all actual damages occasioned by such action including reasonable attorney's fees.

(740 ILCS 170/5) (from Ch. 48, par. 39.5)

Sec. 5. A discharge in bankruptcy shall be a valid defense to any suit brought upon a wage assignment executed by the bankrupt prior to the adjudication in bankruptcy; no assignment of wages shall be valid after three years from the date of its execution and shall be void after such period of three years.

(Source: Laws 1935, p. 208.)

(740 ILCS 170/6) (from Ch. 48, par. 39.6)

Sec. 6. Any person who wilfully and wrongfully serves a demand as assignee for wages when no assignment has been made to him or under an assignment which is invalid as provided by this Act knowing such assignment to be invalid with intent to obtain for himself or any other person the wages of an employee, is guilty of a petty offense.

(Source: P.A. 77-2422.)

(740 ILCS 170/7) (from Ch. 48, par. 39.7)

Sec. 7. If any of the provisions of this Act are unconstitutional it is the intent of the General Assembly that so far as possible the remaining provisions of the Act be given effect.

(740 ILCS 170/8) (from Ch. 48, par. 39.8)

Sec. 8. Nothing herein contained shall be construed as making invalid any assignment of wages executed prior to July 1, 1935.

(740 ILCS 170/9) (from Ch. 48, par. 39.10)

Sec. 9. All wages, salary amounts or other compensation paid by the State, any unit of local government or school district to any of its employees are exempt and not subject to collection under a wage assignment.

(Source: P.A. 79-502.)

(740 ILCS 170/10) (from Ch. 48, par. 39.11)

Sec. 10. No employer may discharge or suspend any employee by reason of the fact that his earnings have been subjected to wage demands on his employer for any indebtedness. Any person violating this Section shall be guilty of a Class A misdemeanor.

(740 ILCS 170/11) (from Ch. 48, par. 39.12)

Sec. 11. The provisions of this Act do not apply to orders for withholding of income entered by the court under provisions of The Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015 for support of a child or maintenance of a spouse.

(Source: P.A. 99-85, eff. 1-1-16.)

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WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA)

Revised July 2008

This fact sheet provides general information concerning what constitutes compensable time under the FLSA . The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked.

Definition of "Employ"

By statutory definition the term "employ" includes "to suffer or permit to work." The workweek ordinarily includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place. "Workday", in general, means the period between the time on any particular day when such employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities. The workday may therefore be longer than the employee's scheduled shift, hours, tour of duty, or production line time.

Application of Principles

Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable.

Waiting Time:

Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."

On-Call Time:

An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.

Rest and Meal Periods:

Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.

Sleeping Time and Certain Other Activities:

An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

Lectures, Meetings and Training Programs:

Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.

Travel Time:

The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved.

Home to Work Travel:

An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.

Home to Work on a Special One Day Assignment in Another City:

An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.

Travel That is All in a Day's Work:

Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.

Travel Away from Home Community:

Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

Typical Problems

Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty.

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

In-N-Out raises California prices of Double-Double after minimum wage law

This story has been updated to correct comments In-N-Out's president made in an interview.

In-N-Out Burger raised prices for some items at California locations soon to accompany a $2.00 per hour raise for its workers after the state initiated a minimum wage increase for fast food workers.

Since April 1, prices for a Double-Double burger, fries and a drink increased by $0.25 to $0.50 depending on locations, the burger chain confirmed.

"We continue to raise menu prices only when absolutely necessary, as we did on April 1st of this year in our California restaurants," In-N-Out Owner and President Lynsi Snyder said in a statement. "Providing the best value we can for our Customers has always been very important to us, and it will continue to be."

The Fast Act went into effect on April 1 offering fast food employees a $20 an hour starting wage , up from the previous $16 standard. Since its passing, executives at chains like McDonald's and Chipotle said they would increase prices to offset the wage increases.

Prices increases reported in Los Angeles, San Francisco

The Double-Double combo now costs $11.44 in Los Angeles County, a $0.76 increase from last year's price, according to KTLA-TV .

Price increases have also been reported at locations in San Francisco and Daly City, Bay Area station KRON-TV reported.

The starting wage for In-N-Out employees in California is $22 to $23 per hour, according to In-N-Out Chief Operating Officer Denny Warnick.

In-N-Out President said she fought to stop prices increases

Snyder has been outspoken to protect prices at the West Coast's favorite burger chain when possible.

In an April interview, Snyder told NBC's TODAY that throughout her career she has tried to avoid raising prices as often as other fast food chains.

"I was sitting in VP meetings going toe-to-toe saying, ‘We can’t raise the prices that much, we can’t. Because it felt like such an obligation to look out for our customers.'" Snyder said.

Fast food prices are up 4.8% since 2023

Fast food prices are up 4.8% since last year and 47% since 2014, while general inflation has risen 24%, according to the Bureau of Labor Statistics.

A recent report by USA Today used survey information compiled by a team of reporters in 18 markets across the country to compare prices over the past 10 years.

The survey found that an average medium Big Mac meal has risen in price from $5.69 in 2014 to $9.72 in 2024, an increase of about 70%. The price of a medium Big Mac meal ranged in price from $7.89 in Houston to $15 in Seattle.

Contributing: Mary Walrath-Holdridge

Housing | California has No. 1 US wage gap between haves…

Housing | California has No. 1 US wage gap between haves and have-nots

”Survey says” looks at various rankings and scorecards judging geographic locations while noting these grades are best seen as a mix of artful interpretation and data.

Buzz: The pay gap between California’s upper and lower halves of the pay scale is larger than any other state.

Source: My trusty spreadsheet looked at some federal jobs data for May 2023, tracking two noteworthy slices of wages by state – the 75th and 25th percentiles, or the medians of the top half and bottom half of salaries. This spread offers clues about uneven paychecks across a state.

There’s a 146% difference between what California bosses typically paid in the top half of salaries versus the bottom half. That’s the No. 1 chasm among the states and well above 108% nationally.

After California came Massachusetts and New York at 144%, then Maryland at 142%. The smallest gap was in Maine at 81%, then South Dakota at 82%, Iowa at 84%, and North Dakota at 85%.

And this measure of income inequality in California’s two big economic rivals? Texas ranked No. 8 at 128% and Florida was No. 32 at 100%.

The details

How did we get to this gap?

Well, California homes still sell (slowly), our roads are filled with new vehicles, and our shopping centers are busy because many bosses in the Golden State pay really well.

The state’s 75th percentile pay – the mid-point of the upper half – ranked No. 3 in the U.S. at $93,250 a year. Nationally, that pay is $70,035. So Golden State bosses pay 33% better for the higher-pay work.

Topping California were Massachusetts at $98,110 and Washington at $95,180. The lowest was Mississippi at $55,870, Arkansas at $58,900, and South Dakota at $59,980.

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By the way, Texas was No. 22 at $72,640 and Florida, No. 30 at $67,600.

Yet, many California jobs don’t pay well – thus the huge have-versus-have-not divide.

Wages at the 25th percentile – mid-point of the lower half – in California ranked No. 7 at $37,890 vs. $35,030 nationally. So, for the lower-salaries worker, Golden State bosses pay only 8% better than US peers.

Tops? Washington at $43,370, Massachusetts at $40,130, and Colorado at $38,830. Lows? Mississippi at $27,910, Louisiana at $28,900, and West Virginia at $29,260.

And Texas was No. 41 at $31,920 and Florida, No. 32 at $33,730.

Bottom line

Whenever you wonder who can afford California, don’t forget that some people can – as this math shows.

However, while California pay level for the upper half may seem generous – it does not go very far in the Golden State. For example, ponder those paychecks as fuel for house hunting.

SHOPPING NEWS: What’s the big trend? Who’s buying what? CLICK HERE!

The California Association of Realtors estimated buyers needed a $208,000 household income to qualify to buy the median priced home in the spring of 2023 – when this wage data was tabulated.

That’s more than double the 75th percentile wage. Yes, a household with two jobs paying more than what three-quarters of Californians make doesn’t cut it.

And that why’s the Realtors math says only 16% of households could “afford” to buy.

Jonathan Lansner is the business columnist for the Southern California News Group. He can be reached at [email protected]

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Have wages exceeded inflation under Joe Biden? It depends on how you slice it.

Inflation has outpaced wages during the length of biden’s entire presidency, but wages have outpaced inflation compared to prepandemic levels.

Americans have consistently expressed concern about increased living costs, especially after inflation peaked at a four-decade high of about 9% in summer 2022. Although the year-over-year inflation rate has eased to about 3%, it’s unsurprising that inflation came up when Time magazine interviewed President Joe Biden for a June 4 story.

In the interview transcript, Time staff said, “Cumulative inflation means prices are up nearly 20% since you took office and wage increases have not kept pace.”

Biden replied, “Wage increases have exceeded what the cost of inflation, which you’re talking about as the prices that were pre-COVID prices.”

He continued, “Pre-COVID prices are not the same as whether or not they — you have … corporate America ripping off the public now. You have everything from shrinkflation to what’s going on in terms of the way in which they’re artificially moving significantly to increase their … profits. That’s not the same as inflation. That’s price gouging.”

For this fact-check, we examined only Biden’s comment about wages and inflation.

When inflation rises faster than wages, consumers tend to dip into savings to cover everyday costs, and buy less. When wages rise faster than inflation, consumers can afford to buy and save more.

However, the wage and inflation comparisons can vary significantly depending on when you start the clock.

Using the standard measurements that compare inflation and wages, and the time frame the interviewer used — Biden’s entire presidency, which started in January 2021 — Biden is incorrect. Inflation has outpaced wages during that time period.

However, wages have outpaced inflation when compared with the past one- and two-year periods, and with their prepandemic levels — the last data available before a few years in which the pandemic’s effects wreaked havoc on economic statistics.

To check Biden’s statement, we looked at how two standard federal statistics have tracked in recent years: The consumer price index , a monthly price inflation gauge for a fixed basket of goods, and average hourly earnings for all private employees , a monthly measurement of how worker pay changes.

When we contacted the White House for comment, they pointed us to an October 2023 analysis by the Brookings Institution, a Washington, D.C., think tank, that compared the prepandemic 2019 fourth quarter with the 2023 second quarter, and an alternative measure calculated by a Democratic congressional committee, both of which found wages outpacing inflation.

Inflation’s swings during Biden’s presidency

Since Biden took office in January 2021, inflation has increased 19.3% while wages have risen 16.1%.

Examining other time frames after Biden took office shows that wages outpaced inflation.

In the year-over-year period from April 2023 to April 2024, wages have risen 3.9%, while inflation increased 3.4%.

It’s the same story from April 2022 to April 2024. Although inflation initially outpaced wages, wages caught up, ultimately rising 8.8% compared with inflation at 8.5%.

What we found is similar to what Time published in its fact-check of Biden’s interview. Time noted that wages topped inflation for the past 12 months, “but cumulative inflation has outpaced wage growth for most of the Biden presidency.”

Wages have outpaced inflation compared to prepandemic levels

Although Biden was not president when the pandemic began, the pandemic’s rapid and severe economic impacts affected economic statistics well into his presidency. Economists say there’s value in looking at prepandemic wage and inflation levels, because they compare the present with what existed before the upheaval.

When comparing the most recent data available, from April 2024, with February 2020, the last full month before the pandemic’s onset, consumers are better off now in terms of wages and inflation. (Of this time period, about a year was under President Donald Trump’s leadership, while a little more than three years was under Biden’s.)

Wages have risen by 21.7% since February 2020, compared with a 20.8% rise in inflation.

White House points to different metrics

The White House noted an October 2023 analysis by the Brookings Institution that found wages outpacing inflation using several different metrics from the prepandemic 2019 fourth quarter to the 2023 second quarter, mirroring what we found for a similar time frame in our prepandemic analysis.

The White House also pointed to an analysis by the Democratic staff of Congress’ Joint Economic Committee that found that per capita wages increased by nearly $15,000 from January 2021 to October 2023, compared with an increase in prices of about $11,400. It’s the only other example we found of a comparison that began in January 2021, when Biden took office.

The main difference between the standard method, which we used, and the committee’s method is the use of “ consumer units ” as a benchmark. The standard method counts employed individuals, while consumer units, tabulated by the Bureau of Labor Statistics, include households, unmarried couples living together and individuals.

A group of experts with differing ideological backgrounds told PolitiFact that the Democratic committee’s methodology is sound, but the experts’ opinions varied on how useful the committee data is for backing up Biden’s point.

Besides using consumer units, the committee used cumulative wages generated across the economy rather than individuals’ wages. This let the committee’s method more fully capture both the rise in wages per worker and the growing number of Americans returning to employment after the pandemic, said Gary Burtless, a Brookings Institution economist.

Burtless said that since Biden’s presidency started, the number of employed Americans has increased much faster than the growth of the adult population overall.

Burtless said part-time earners — who account for about 1 of every 4 new workers during Biden’s presidency — might pull down the average wage because part-time jobs typically pay less. But many of these same part-time jobs add to the household (or “consumer unit”) income, meaning the units’ personal economies are improving. The traditional wage measurement method does not capture this, he said.

Douglas Holtz-Eakin, president of the American Action Forum, a center-right think tank, said consumer units are typically used in studying consumer behavior, rather than wage growth. That makes it a nontraditional way of calculating whether wage increases are keeping pace with inflation and not a slam dunk proving Biden’s claim, he said.

Responding to an interviewer’s question about cumulative inflation since he took office, Biden said wage increases have exceeded the cost of inflation.

When looking at the duration of Biden’s presidency, as his interviewer did, and using the standard methodology, inflation has increased by 19.3% since January 2021 while wages have risen by 16.1%.

When using the standard measures and considering other time periods, wages have outpaced inflation during three other time periods: compared with a year ago, compared with two years ago and compared with the month before the pandemic, the last time economic statistics remained unaffected by the economic changes that the pandemic wrought. In his comments, Biden pointed to prepandemic economic conditions.

An alternative measure calculated by a Democratic congressional committee, considered credible by economists, found per capita wage increases outpacing inflation from January 2021 to October 2023.

The statement is partially accurate but leaves out important details or takes things out of context. We rate it Half True.

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Minimum wage: Labour selfish in their negotiation — PDP chieftain, Onuesoke

A chieftain of the Peoples Democratic Party (PDP) and former Delta State gubernatorial aspirant, Sunny Onuesoke, has criticised what he called the reckless agitation of organized labor for an increase in the minimum wage of Nigerian workers.

Speaking on the sidelines during the Democracy Day celebration in Asaba, Delta State capital, the PDP chieftain described the efforts by the labor unions to force the federal government to succumb to their terms in the negotiation process as inhuman and selfish.

He stressed that their demands would have an adverse effect on the common man who doesn’t earn a salary or wage.

According to him, it is ridiculous for the labor unions to negotiate for an increase in the minimum wage of workers without considering the adverse effect it will have on ordinary citizens of the country, especially those in the private sector, traders, artisans, and those living in rural areas, who constitute the largest labor force in the country.

He maintained that the labor movement was obviously not putting Nigeria and Nigerians first in this negotiation process.

Onuesoke urged them to review their demands by considering the plight of the larger percentage of Nigerians who are not on the government payroll, as this percentage constitutes the largest workforce in Nigeria compared to those working for the government, who are less than 1% of the entire Nigerian population.

“TUC and NLC are selfish. They are the same as the political leadership. They are agitating for the increment of their wages. What happens to the private sector, the traders, artisans, and even the unemployed Nigerians roaming our streets? Who is going to increase their wages? They forget that once there is a wage increase, there will be hyperinflation.

“Why are they agitating for their salary increment like the way our lawmakers are agitating for their own salaries and allowance increases? How many salary increases did they agitate for traders, the private sector, artisans, and the unemployed among others?” Onuesoke queried.

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