The work world today is changing rapidly and unfortunately when it comes to payroll, federal and state laws regarding wage attachments have not kept up.
The payor, be it for employee wages or contractor earnings, is just beginning to look at this. In the past few years, some states have included contractors as employees, when it involves withholding for a creditor garnishment. Many states require support to be withheld from contractor pay. Remember, the employer has legal liability for administering wage attachments, not the payroll department. What situations have changed? More individuals are working as contractors as opposed to employees. Many companies are more lenient about paying for time worked instead of waiting for full pay at the end of the work period or the employee may arrange for a third party to advance wages earned. Some businesses actually pay on a daily basis. More employees are working from home and many of those individuals move to a state where the employer does not have a business presence. State laws are becoming more protective of employee pay, particularly for lower wage earnings. Those protections include substituting SMW for FMW, increasing the number of hours used to calculate the protected amount, and reducing withholding the withholding percentage from 25% to a lower percentage.
Agenda
Faculty
Amorette Bryant
Amorette Bryant
- Principal at ABryant Consulting
- Involved with wage attachments, in various capacities, for 35 years; first as a payroll manager in both the public and the private sectors
- During the mid-90’s she represented the American Payroll Association, when federal child support legislation was introduced and passed; she then contracted with the Federal Office of Child Support Enforcement, to write a book on employer responsibilities which led to a career as a consultant to large employers and third party providers
- Author of the Complete Guide to Federal and State Garnishment, Wolters Kluwer Publisher, which she has written for the past 20 years
- Member, APA Child Support and Non Support Subcommittee’s since 1994, and served two terms as the leader
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