Illinois Wage Deduction Order

State:
Illinois
Control #:
IL-NSKU-0412
Format:
PDF
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Description

Wage Deduction Order

An Illinois Wage Deduction Order is a court-ordered method of collecting payment for unpaid debts from an employee's wages. This type of wage deduction order is also known as an Income Deduction Order or Wage Garnishment. It requires an employer to deduct a certain amount of money from an employee's wages and send it to a creditor or collection agency. The amount deducted is based on the amount of debt owed and the employee's income. There are two types of Illinois Wage Deduction Orders: one for family support payments and one for other debts. For family support payments, the employer must deduct the court-ordered amount from the employee's wages and send it to the Illinois State Disbursement Unit. For other debts, the employer must deduct the court-ordered amount from the employee's wages and send it to the creditor or collection agency.

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FAQ

A. Under California law, an employer may lawfully deduct the following from an employee's wages: Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.

If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.

Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff or Plaintiff's attorney on a monthly basis.

WAGE DEDUCTION NOTICE (1) Under Illinois law, the amount of wages that may be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage.

The document is called a Wage Deduction Affidavit. The creditor states their belief that the debtor's employer owes the creditor wages. In that affidavit, the creditor must certify that, before filing the affidavit, he mailed a wage deduction notice, explained below, to the debtor at the debtor's last known address.

In Illinois, for example, an employer can only deduct from an employee's paycheck if the deduction is: To the benefit of, and approved by, the employee (group insurance premiums, credit union transactions, union dues, etc.); Required by law (federal and state taxes, social security, etc.);

Illinois requires employers to pay a minimum of $13.00 per hour for workers 18 years of age and older; workers under 18 may be paid $. 50 per hour less than the adult minimum wage. Overtime must be paid after 40 hour of work per week at time and one-half the regular rate.

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Illinois Wage Deduction Order