Wage GarnishmentAdministration and Enforcement

Section § 706.151

Explanation

This section allows California's Judicial Council to do whatever is necessary to maintain the state's exemption from federal rules on wage garnishment, as covered under the Consumer Credit Protection Act of 1968. This includes representing the state in discussions with federal officials about wage garnishment laws, sending up-to-date copies of relevant state laws and court decisions to the federal government, and providing any requested information about the enforcement of these laws.

The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to exemption of this state from the earnings garnishment provisions of the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs. 1671–1677), including, but not limited to:
(a)CA Civil Procedure Code § 706.151(a) Representing and acting on behalf of the state in relation to the Administrator of the Wage and Hour Division and the administrator’s representatives with regard to any matter relating to, or arising out of, the application, interpretation, and enforcement of the laws of this state regulating withholding of earnings.
(b)CA Civil Procedure Code § 706.151(b) Submitting to the Administrator of the Wage and Hour Division in duplicate and on a current basis, a certified copy of every statute of this state affecting earnings withholding, and a certified copy of any decision in any case involving any of those statutes, made by the Supreme Court of this state.
(c)CA Civil Procedure Code § 706.151(c) Submitting to the Administrator of the Wage and Hour Division any information relating to the enforcement of earnings withholding laws of this state which the administrator may request.
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Section § 706.152

Explanation
If an employer takes money out of your paycheck as required by a court order and then deliberately doesn't pay it to the authorities, they're committing a crime called a misdemeanor. This act cheats both the person who is owed money and the person who owes it.
If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor.
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Section § 706.153

Explanation

This law says that an employer cannot mess around with when they pay an employee just to cheat a creditor out of money the creditor is supposed to get through a legal order to withhold earnings. If an employer breaks this rule, the person or company owed money can sue the employer to get back what should have been withheld. This court action isn't the only way to solve the issue, but it's one option.

(a)CA Civil Procedure Code § 706.153(a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an earnings withholding order issued pursuant to the procedures provided by this chapter.
(b)CA Civil Procedure Code § 706.153(b) If an employer violates this section, the judgment creditor may bring a civil action against the employer to recover the amount that would have been withheld and paid over pursuant to this chapter had the employer not violated this section. The remedy provided by this subdivision is not exclusive.
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Section § 706.154

Explanation

If an employer doesn't withhold or forward the required money from an employee's wages as ordered, the person owed money can sue the employer to get it. However, if the employer followed a written order correctly, they won’t be liable, unless they were involved in fraud.

(a)CA Civil Procedure Code § 706.154(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not exclusive.
(b)CA Civil Procedure Code § 706.154(b) Notwithstanding subdivision (a), an employer who complies with any written order or written notice which purports to be given or served in accordance with the provisions of this chapter is not subject to any civil or criminal liability for such compliance unless the employer has actively participated in a fraud.
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