Garnishment - Nevada

Summary of differences between federal and state regulations

The state of Nevada has several codes which address garnishment of wages.

Unlawful to discharge or discipline employee

It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employee’s earnings pursuant to a writ of garnishment.

State

Contact

Questions regarding a wage garnishment order should be directed to the court which issued the order.

Regulations

NRS §31.295 Garnishment of earnings: Limitations on amount

The maximum aggregate amount which is subject to garnishment may not exceed:

• Eighteen percent of disposable income for the relevant workweek when the gross weekly salary or wage is $770 or less;
• Twenty-five percent of disposable income for the relevant workweek when the gross weekly salary or wage exceeds $770; or
• The amount by which disposable income for each week of that period exceed 50 times the federal minimum hourly wage in effect at the time the earnings are payable, whichever is less.

Except these restrictions do not apply in the case of:

• Any order of any court for the support of any person.
• Any order of any court of bankruptcy.
• Any dept due for any state or federal tax.

NRS 31.296 Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment

1. Except as otherwise provided in subsection 3, if the garnishee indicates in his answer to garnishee interrogatories that he is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 120 days or until the amount demanded in the writ is satisfied, whichever occurs earlier.

2. In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished.

3. If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:

3. (a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.

3. (b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.

NRS §31.297 Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings.

1. If without legal justification an employer of the defendant refuses to withhold earnings of the defendant demanded in a writ of garnishment or knowingly misrepresents the earnings of the defendant, the court may order the employer to appear and show cause why he should not be subject to the penalties prescribed in subsection 2.

2. If after a hearing upon the order to show cause, the court determines that an employer, without legal justification, refused to withhold the earnings of a defendant demanded in a writ of garnishment or knowingly misrepresented the earnings of the defendant, the court shall order the employer to pay the plaintiff, if the plaintiff has received a judgment against the defendant, the amount of arrearages caused by the employer’s refusal to withhold or his misrepresentation of the defendant’s earnings. In addition, the court may order the employer to pay the plaintiff punitive damages in an amount not to exceed $1,000 for each pay period in which the employer has, without legal justification, refused to withhold the defendant’s earnings or has misrepresented the earnings.

NRS §31.298 Garnishment of earnings: Unlawful to discharge or discipline employee

It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employee’s earnings pursuant to a writ of garnishment.

NRS §31A.090 Notice to withholding binding upon employer; employer may deduct amount for reimbursement of costs; duty of employer to disclose information; immunity.

1. A notice to withhold income is binding upon any employer of an obligor to whom it is mailed. To reimburse the employer for his costs in making the withholding, he may deduct $3 from the amount paid the obligor each time he makes a withholding.

2. If an employer receives notices to withhold income for more than one employee, he may consolidate the amounts of money that are payable to:

2. (a) The enforcing authority and pay those amounts with one check; and

2. (b) The State Treasurer and pay those amounts with one check, but the employer shall attach to each check a statement identifying by name and social security number each obligor for whom payment is made and the amount transmitted for that obligor.

3.  An employer shall cooperate with and provide relevant information to an enforcing authority as necessary to enable it to enforce an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.

NRS 31A.095 Refusal of employer to withhold; liability; fine.

1. If an employer wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070, or knowingly misrepresents the income of an employee, the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

2. At the hearing on the order to show cause, the court, upon a finding that the employer wrongfully refused to withhold income as required or knowingly misrepresented an employee’s income:

2. (a) May order the employer to comply with the requirements of NRS 31A.025 to 31A.190, inclusive;

2. (b) May order the employer to provide accurate information concerning the employee’s income;

2. (c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and

2. (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the obligor’s income.

NRS §31A.120 Prohibition against discharge, discipline or refusal to hire employee because of withholding; refusal to withhold or misrepresentation of employee’s income; liability of employer.

1. It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

2. If an employer wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive, or knowingly misrepresents the income of the employee, he shall pay the amount he refused to withhold to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to withhold income as required or knowingly misrepresented the income of the employee.

Federal

Contact

US Department of Labor

www.dol.gov/general/topic/wages/garnishments

Regulations

Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.

29 CFR Part 870 (15 USC §1671)