Hawaii Garnishment laws & HR compliance analysis

Hawaii Garnishment: What you need to know

A garnishment is a court order to an employer to withhold a sum of money from an employee's earnings for payment of a debt. The state of Hawaii draws a distinction between garnishments for support obligations and those for other debts.
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There are numerous state and federal laws pertaining to garnishment. Where state laws are more restrictive than federal law (i.e., by protecting a greater amount of salary from garnishment), state laws will govern.
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 his or her debts voluntarily. Assignment of wages is generally voluntary. There is additional information on voluntary assignment of wages.
An Order/Notice to Withhold Income will tell the employer when to begin, how much to deduct, and where to send the support amount withheld. The employer will also be notified when to stop withholding income. A support order has priority against garnishment, attachment, execution, or other income withholding orders. If the employer fails to withhold support as specified in the Order/Notice to Withhold Income, the employer will become liable for the full amount the employer should have withheld from the employee's income. Refusal to hire a person, or the discipline or discharge of an employee because of a child support obligation, is a misdemeanor that carries a fine or imprisonment upon conviction. Withholding must begin no later than the first pay period that occurs within 7 business days after the date the income ...

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