14.2.1.5.2 Wage garnishment calculations

After July 23, 2009, with a minimum wage of $7.25 per hour in effect, no garnishment can be made if an employee’s disposable earnings are $217.50 or less for the week in question. When an employee’s disposable earnings exceed $217.50, but are less than $290.00, only the amount over $217.50 can be garnished. For example, assume that an employee’s gross earnings in a particular week are $250.00. After deductions required by law, the disposable earnings are $220.00. Because only the amount over $217.50 may be garnished when the disposable earnings are less than $290.00, only $2.50 may be garnished, and $217.50 must be paid to the employee.

An employee is entitled to a full exemption even if the employee does not work the full pay period. For example, if an employee with a weekly pay period works only 10 hours at $10.00 per hour after the allowable deductions, all $100.00 of the earnings are exempt for that week.⁸⁵

When an employee’s disposable earnings are $290.00 or more in a given week, up to 25% of those earnings can be garnished. For example, assume that an employee’s gross earnings in a particular week are $350.00. After deductions required by law, the disposable earnings are $320.00. In this week, 25% of disposable earnings—that is, $80.00—could be garnished. $240.00 must be paid to the employee.