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Summary of differences between federal and state regulations
The state of Oregon has several statutes which address garnishment of wages, the amounts that may be withheld, and actions against an employee due to garnishment.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
ORS Chapter 18, §18.385 Wage exemption
(1) Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.
(2) The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:
(2)(a) $170 for any period of one week or less;
(2)(b) $340 for any two-week period;
(2)(c) $368 for any half-month period;
(2)(d) $731 for any one-month period; and
(2)(e) For any other period longer than one week, $170 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.
(3) If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $170 for any one-week period.
(4) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual’s earnings for the same period of time under an order issued pursuant to ORS 25.378, 419B.408 or 419C.600 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.
https://www.oregonlegislature.gov/bills_laws/ors/ors018.html
§25.414 Standard amount to be withheld; processing fee; rules.
(extensive guidelines on amounts which may be withheld, how funds are to be allocated in the case of multiple claims, etc.)
https://www.oregonlegislature.gov/bills_laws/ors/ors025.html
§25.414 Standard amount to be withheld; processing fee; rules.
(6) Except as provided in subsection (2) of this section, the withholder may deduct from the obligor’s disposable income a monthly processing fee not to exceed $5. The processing fee is in addition to the amount calculated to be withheld for support, unless the amount to be withheld for support is the maximum allowed under subsection (8) of this section, in which case the fee is deducted from the amount withheld as support.
https://www.oregonlegislature.gov/bills_laws/ors/ors025.html
§25.424 Liability of withholder for withholding and for failing to withhold; unlawful employment practice.
(1) A withholder is not subject to civil liability to an individual or agency for conduct or actions in compliance with an order to withhold if the withholder:
(1)(a) Is served with an order to withhold under ORS 25.402 that is regular on its face; and
(1)(b) Complies with the terms of the order if the order appears to be in compliance with ORS 25.402.
https://www.oregonlegislature.gov/bills_laws/ors/ors025.html
§25.424 Liability of withholder for withholding and for failing to withhold; unlawful employment practice.
(2) The withholder is liable for all amounts that the withholder fails to withhold or pay as required by the order to withhold or withholds or pays in excess of the amount required by the order to withhold. The holder of support rights, the obligor, the Division of Child Support or a district attorney may bring an action against the withholder:
(2)(a) To recover all amounts that the withholder failed to withhold or pay or withheld or paid in excess of the amount required;
(2)(b) To recover an additional amount as damages not to exceed the amount referred to in paragraph (a) of this subsection; and
(2)(c) If the failure to withhold was willful or the result of gross negligence by the withholder, to have an additional amount imposed as a fine payable to the court not to exceed $250 for each time the withholder failed to withhold or pay or withheld or paid an amount exceeding the amount required and to pay reasonable costs of the action including attorney fees.
https://www.oregonlegislature.gov/bills_laws/ors/ors025.html
§25.424 Liability of withholder for withholding and for failing to withhold; unlawful employment practice.
(3)(a) An employer commits an unlawful employment practice if the employer discharges an employee, refuses to hire an individual or in any other manner discriminates, retaliates or takes disciplinary action against an obligor because of the entry or service of an order to withhold under ORS 25.378 and 25.402 or because of the obligations or additional obligations that the order imposes upon the employer. An obligor may bring an action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. These remedies are in addition to any other remedy available in law or equity.
https://www.oregonlegislature.gov/bills_laws/ors/ors025.html
Oregon Administrative Rules, Bureau of Labor and Industries, Division 20, Wages
Section 839-020-0027, Deductions for Garnishment Processing Fee
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_020.html
For state tax debts and relation to child support, Oregon Administrative Rules, Department of Revenue, Division 18, Sections 150-18.385 et. seq.
http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_150/150_018.html
Federal
Contact
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.