Virginia Regulatory Town Hall
Department of Labor and Industry
Department of Labor and Industry
Maximum Garnishment Amounts [16 VAC 15 ‑ 21]
Action is Exempt from Article 2 of the Administrative Process Act
16 VAC 15?21-30, Maximum Garnishment Amounts
Action 2679
General Information
Action Summary This final exempt regulation is required by state law. In 2007, Congress passed HR2206, U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, which includes a provision that raises the federal minimum wage rate to $6.55 per hour, as of July 24, 2008. Under the Code of Virginia, at § 40.1-28.10, “Every employer shall pay to each of his employees wages at a rate not less than the federal minimum wage and a training wage as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. § 201 et seq.).” The Code of Virginia further states, at § 34-29. Maximum portion of disposable earnings subject to garnishment. (a) Except as provided in subsections (b) and (b1), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of the following amounts: (1) Twenty-five percent of his disposable earnings for that week, or (2) The amount by which his disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by § 206 (a) (1) of Title 29 of the United States Code in effect at the time earnings are payable. In the case of earnings for any pay period other than a week, the State Commissioner of Labor and Industry shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in this section.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: This regulatory action is exempt from executive branch review pursuant to § 2.2-4006 of the Virginia Administrative Process Act (APA) because it is required by state and federal law.
RIS Project Yes  [001383]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4660 Final Stage complete. This regulation became effective on 08/21/2008.
Contact Information
Name / Title: Wendy Inge  / Director, Division of Labor and Employment Law
Address: Department of Labor and Industry
Main Street Centre, 600 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)786-3224    FAX: (804)371-2324    TDD: (804)786-2376

This person is the primary contact for this chapter.