Section 7-977. AMOUNT OF WAGES OF EMPLOYEES WHICH MAY BE SUBJECTED TO GARNISHMENT PROCEEDINGS FOR PAY PERIODS OTHER THAN WEEKLY

 

977.1The maximum part of the disposable wages of any individual for pay periods other than weekly pay periods which may be subjected to garnishment are established as follows:

 

(a)Where the pay period is for less than one (1) workweek, the exemption from garnishment shall be the same as that for a weekly pay period. Thus, so long as the Federal minimum wage prescribed by §6(a)(1) of the Fair Labor Standards Act of 1938 is three dollars and thirty-five cents ($3.35) an hour, the following formula shall apply:

 

(1) If an individual's disposable wages paid or payable for a pay period of less than one (1) workweek are one hundred dollars and fifty cents ($100.50), thirty times three dollars and thirty-five cents (30 x $3.35) or less, wages may not be garnished in any amount;

 

(2) If an individual's disposable wages paid or payable for a pay period of less than one (1) workweek are more than one hundred dollars and fifty cents ($100.50), but less than one hundred thirty-four dollars ($134), only the amount above one hundred dollars and fifty cents ($100.50) of disposable wages shall be subject to garnishment; or

 

(3) If an individual's disposable wages paid or payable for a pay period of less than one (1) workweek are one hundred thirty-four dollars ($134) or more, not more than twenty-five percent (25%) of disposable wages shall be subject to garnishment.

 

(b)Where the pay period is longer than one (1) workweek, the weekly statutory exemption formula shall be transformed to a formula, providing equivalent restrictions on wage garnishment as follows:

 

(1) The twenty-five percent (25%) part of the formula shall apply to the aggregate disposable wages for all the work-weeks or fractions thereof compensated by the pay for the pay period;

 

(2) The "multiple" of the Federal minimum hourly wage equivalent to that applicable to the disposable wages for one (1) week shall be represented by the following formula: the number of workweeks, or fractions thereof times (x) thirty (30) times three dollars and thirty-five cents ((x) x 30 x $3.35) (the applicable Federal minimum wage). For the purpose of this formula, a calendar month is considered to consist of four and one-third (4 1/3) workweeks. Thus, so long as the Federal minimum wage is three dollars and thirty five cents ($3.35) an hour, the "multiple" applicable to the disposable wages shall be computed as follows:

 

(i) For a two week period, two hundred and one dollars ($201, two times thirty times three dollars and thirty-five cents (2 x 30 x $3.35);

 

(ii) For a monthly period, four hundred thirty-five dollars and fifty cents ($435.50), four and one-third times thirty times three dollars and thirty-five cents (4 1/3 x 30 x $3.35); and

 

(iii) For a semimonthly period, two hundred and seventeen dollars and seventy-five cents ($217.75), two and one-sixth times thirty times three dollars and thirty-five cents (2 1/6 x 30 x $3.35).

 

(3) The "multiple" for any other pay period longer than one (1) week shall be computed in a manner consistent with this paragraph.

 

977.2This section became effective January 1, 1981.