62A-11-316 - Requirement to honor voluntary assignment of earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings subject to support lien or garnishment.
62A-11-316. Requirement to honor voluntary assignment of earnings -- Dischargeof employee prohibited -- Liability for discharge -- Earnings subject to support lien orgarnishment.
(1) (a) Every person, firm, corporation, association, political subdivision, or departmentof the state shall honor, according to its terms, a duly executed voluntary assignment of earningswhich is presented by the office as a plan to satisfy or retire a support debt or obligation.
(b) The requirement to honor an assignment of earnings, and the assignment of earningsitself, are applicable whether the earnings are to be paid presently or in the future, and continue ineffect until released in writing by the office.
(c) Payment of money pursuant to an assignment of earnings presented by the office shallserve as full acquittance under any contract of employment, and the state shall defend theemployer and hold him harmless for any action taken pursuant to the assignment of earnings.
(d) The office shall be released from liability for improper receipt of money under anassignment of earnings upon return of any money so received.
(2) An employer may not discharge or prejudice any employee because his earnings havebeen subjected to support lien, wage assignment, or garnishment for any indebtedness under thispart.
(3) If a person discharges an employee in violation of Subsection (2), he is liable to theemployee for the damages he may suffer, and, additionally, to the office in an amount equal tothe debt which is the basis of the assignment or garnishment, plus costs, interest, and attorneys'fees, or a maximum of $1,000, whichever is less.
(4) The maximum part of the aggregate disposable earnings of an individual for any workpay period which may be subjected to a garnishment to enforce payment of a judicial oradministrative judgment arising out of failure to support dependent children may not exceed 50%of his disposable earnings for the work pay period.
(5) The support lien or garnishment shall continue to operate and require that person towithhold the nonexempt portion of earnings at each succeeding earnings disbursement intervaluntil released in writing by the court or office.
Amended by Chapter 203, 1988 General Session