Parties involved in FINRA arbitrations have wide latitude and discretion in the selection process over who will conduct the arbitration. When both sides to a financial regulation industry dispute have to submit to a FINRA arbitration hearing, there is a significant due diligence procedure in which the parties get to vet and discern the background… Read More
If you need assistance with a customer complaint, or have any other questions regarding FINRA, please contact the experienced securities attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com. This case was not handled by our firm. However, if you have any questions regarding this case, or any FINRA matter, please contact Joseph Maya at… Read More
This case was not handled by our firm. However, if you have any questions regarding this case, or any employment law matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com. Failure to Act Under Provisions of Code of Arbitration Procedure for Industry Disputes Amongst other rules, FINRA’s Code of Arbitration Procedure for… Read More
For brokers, a clean disciplinary is imperative to ensure continued employment as well as retention of clients. What do you do when an allegation of wrongdoing has been made against you? It is important to remember that just because a claim has been filed, it does not guarantee action will be taken or that it… Read More
If you have questions about scientific evidence in litigation, please call the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com. This case was not handled by our firm. However, if you have any questions regarding this case, or any criminal matter, please contact Joseph Maya at 203-221-3100 or by email at… Read More
If you have questions regarding workers’ compensation or employment law, contact the experienced employment law attorneys today at 203-221-3100, or email Joseph Maya, Esq. at JMaya@mayalaw.com. This case was not handled by our firm. However, if you have any questions regarding this case, or any employment matter, please contact Joseph Maya at 203-221-3100 or by email… Read More
This case was not handled by our firm. However, if you have any questions regarding this case, or any litigation matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com. Trials are the legal vehicle that people use to obtain some kind of relief from another person. Every trial starts out with a summons… Read More
The law offices of Maya Murphy, P.C. have dedicated attorneys on hand to help out with your employment law or labor law matters. Please contact the experienced employment attorneys at Maya Murphy, P.C. at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
Who is Covered by the CCPA?
Title III of the Consumer Credit Protection Act (CCPA) is administered by the Wage and Hour Division (WHD). The CCPA protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee’s earnings that may be garnished in any one week. Title III applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses, and periodic payments from a pension or retirement program, but ordinarily does not include tips).
Wage garnishment occurs when an employer is required to withhold the earnings of an individual for the payment of a debt in accordance with a court order or other legal or equitable procedure (e.g., Internal Revenue Service (IRS) or state tax collection). Title III prohibits an employer from discharging an employee because his or her earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III does not, however, protect an employee from discharge if the employee’s earnings have been subject to garnishment for a second or subsequent debt.
Title III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. The federal minimum wage is $7.25 per hour effective July 24, 2009.
Title III permits a greater amount of an employee’s wages to be garnished for child support, bankruptcy, or federal or state tax payments. Title III allows up to 50 percent of an employee’s disposable earnings to be garnished for child support if the employee is supporting a current spouse or child, who is not the subject of the support order, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears.
An employee’s “disposable earnings” is the amount of earnings left after legally required deductions (e.g., federal, state and local taxes; Social Security; unemployment insurance; and state employee retirement systems) have been made. Deductions not required by law (e.g., union dues, health and life insurance, and charitable contributions) are not subtracted from gross earnings when the amount of disposable earnings for garnishment purposes is calculated.
Title III’s restrictions on the amount of wages that can be garnished do not apply to certain bankruptcy court orders and debts due for federal and state taxes. Nor do they affect voluntary wage assignments, i.e., situations where workers voluntarily agree that their employers may turn over a specified amount of their earnings to a creditor or creditors.
Title III will in most cases give wage earners the right to receive at least partial compensation for the personal services they provide despite wage garnishment. This law also prohibits an employer from discharging an employee because of the garnishment of wages for any single indebtedness. The Wage and Hour Division accepts complaints of alleged Title III violations.
Violations of Title III may result in the reinstatement of a discharged employee, payment of back wages, and restoration of improperly garnished amounts. Where violations cannot be resolved through informal means, the Department of Labor may initiate court action to restrain violators and remedy violations. Employers who willfully violate the discharge provisions of the law may be prosecuted criminally and fined up to $1,000, or imprisoned for not more than one year, or both.
Relation to State, Local, and Other Federal Laws
If a state wage garnishment law differs from Title III, the employer must observe the law resulting in the smaller garnishment, or prohibiting the discharge of an employee because his or her earnings have been subject to garnishment for more than one debt.
Credit: U.S. Department of Labor.
For a free consultation, please contact the experienced employment attorneys at Maya Murphy, P.C. at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
If you have questions regarding the Americans with Disabilities Act or Connecticut employment law, contact the experienced employment law attorneys today at 203-221-3100, or email Joseph Maya, Esq. at JMaya@mayalaw.com.
St. Francis Hospital and Medical Center will pay a hearing-impaired patient $45,000 and revise its policies and procedures to settle the patient’s complaint alleging that the hospital didn’t provide equipment or services to ensure adequate communication during multiple admissions, the U.S. attorney’s Office for the District of Connecticut announced Monday.
The patient filed an ADA complaint, which triggered a compliance review by the U.S. Department of Health and Human Services’ civil rights division.
St. Francis, based in Hartford, has agreed to revise its policies, procedures and training as necessary and assess the need for auxiliary aids and services for hearing-impaired patients and their companions.
Auxiliary aids can include transcription services, note takers, listening devices and other equipment and services.
Under the deal, the U.S. Attorney’s Office and DHHS will monitor St. Francis for compliance for three years.
St. Francis Spokeswoman Fiona Phelan said in an email Tuesday morning that the hospital has implemented mandatory staff training, a centralized system for recording requests for interpretation services, new signage, and sign-language and interpreter assistance.
“We appreciate the support of the Department of Justice and Department of Health and Human Services in reaching a voluntary resolution agreement, which will guide us in these remedial compliance measures to directly benefit the care of our patients and their families,” Phelan wrote.
If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact us today at 203-221-3100, or email Joseph Maya, Esq. at JMaya@mayalaw.com.
 “St. Francis to pay $45K to settle ADA complaint,” posted by Hartford Business, March 24, 2015:
To contact the experienced personal injury attorneys at Maya Murphy, P.C., please feel free to call 203-221-3100 or email JMaya@Mayalaw.com for a free consultation at anytime.
If you’ve been injured in the workplace, you’ve probably been told that the only compensation you can receive will come from your employer’s workers’ compensation insurance. Although this is the general rule, there are many exceptions — situations in which you may be able to sue for damages caused by your injuries. For example:
If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
If you were injured because of your employer’s intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
If your employer does not carry workers’ compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.
Although workers’ compensation can provide money and benefits to an injured worker, temporary disability and permanent disability payments are usually quite low and don’t compensate the worker for things like pain and suffering. Workers’ compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. That’s why it’s important for injured workers to understand their rights to bring a case outside of the workers’ compensation system.
In addition to the lawsuits described above, you might obtain additional money from government benefits such as Social Security disability insurance (SSDI or SSI) if your injury is disabling and prevents you from working.
Should you have any questions regarding wrongful termination, Title VII discrimination or any other employment law matter, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.