The Law Office of Kim Covington Kim Covington Bankruptcy Lawyer Kim Covington Bankruptcy Lawyer

An overview of wage garnishment in Oregon

Wage garnishment is a device that the courts use in Oregon to ensure that a debtor repays a debt within a reasonable amount of time. In order to set up a wage garnishment, a creditor must usually first ask the court to intervene and determine that the debt is valid. Following a court order, the creditor creates a garnishment with the debtor’s employer. This requires the debtor’s employer to take a specifically allotted amount of money out of each of the worker’s paychecks in order to directly pay the creditor.

 

The Wage and Hour Division of the United States Department of Labor states that almost every type of wage can be subject to garnishment. This includes hourly earnings, salaries, bonuses, commissions, and even retirement and pension plan earnings. Tips are the only type of wage that are not considered earnings under the law.

 

According to the Oregon Bureau of Labor and Industries, wage garnishments usually do not exceed 25 percent of an employee’s post-tax earnings. However, no garnishment may leave a debtor with less than $218 per week. In most cases, if a debtor has multiple garnishments, the employer is required to pay them in the order they were received. However, child support and federal and state tax levies usually take precedence, and are required to be paid first.

 

Employees who are having their wages garnished are offered some protections under the law. The DOL states that employees with a single wage garnishment cannot be fired solely due to the garnishment. However, those with two or more garnishments do not have such protection and can face termination according to the will of their employer.

 

 

No Comments

Leave a comment
Comment Information

Office Locations

The Law Office of Kim Covington

Eugene Office
1445 Willamette Street, Suite 9
Eugene, OR 97401

Map & Directions

Albany Office
1135 Dale Street SE, Suite #B
Albany, OR 97321

Map & Directions

Roseburg Office
1701 West Harvard, Suite 201
Roseburg, OR 97470

Map & Directions

Phone: 541-393-2790
Toll Free: 800-673-1891
Fax: 541-344-6466
Google Plus

office-picture United States Courthouse