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North Dakota Garnishment: What you need to know

A garnishment is an order of a court to an employer (the garnishee) to withhold a sum of money from an employee's earnings for payment of a debt. The state of North Dakota draws a distinction between garnishments for support obligations and those for other debts. There are numerous state and federal laws pertaining to garnishment. Where state laws are more restrictive than federal laws (i.e., by protecting a greater amount of salary from garnishment), state laws will govern.
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Garnishment vs. assignment of wages. Garnishment and assignment of wages are both methods of deducting money from an employee's salary to repay his or her debts. Garnishment is an involuntary procedure that is usually conducted when an employee has not paid a debt. Assignment of wages can be either voluntary or involuntary. There is more information on voluntary assignment of wages.
Respond promptly. An employer that is served with a wage garnishment must respond promptly to the notice and any other court papers regarding garnishment. Employers failing to respond to a notice or in any way ignoring a garnishment run the risk of being held personally liable for the entire judgment.
The federal Family Support Enforcement Act authorizes states to pass their own implementing legislation to ensure collection of family support; states that do not do so lose federal subsidies (42 USCS 666et seq.). North Dakota's child support statute is Sec. 14-09-09et seq.
Procedure. State law requires a response to a Request for Information issued by the Child Support Enforcement (CSE) program within 10 days after receipt of the request. Employers must complete and return the Request for Information ...

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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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