Is a voluntary wage assignment the same as a garnishment notice?

No. A voluntary wage assignment is not the same as a garnishment. Labor Code Section 2929 defines garnishment as a judicial procedure requiring wages to be withheld to satisfy a debt. A voluntary wage assignment involves no court action and therefore is not a garnishment.

Unlike a garnishment, employers are not required to honor a voluntary wage assignment. Employers should review the assignment, discuss it with the employee and consult legal counsel before deciding whether to honor it.

Voluntary wage assignments are governed by Labor Code Section 300, not Section 2929.

An assignment is invalid unless it meets all of the following:

• It is a separate written document signed by the employee.
• It clearly identifies the related transaction.
• Spousal consent is attached, if applicable.
• Parental or guardian consent is attached, if the employee is a minor.
• The employee confirms no other assignment exists for the same transaction.
• It is notarized and includes an itemized statement of the amount owed.
• The employer does not hold another assignment or earnings withholding order.

Section 300 is intended to protect employees from excessive wage assignments. Employers must ensure deductions do not exceed legal limits or risk wage claims for invalid deductions.

Assignments may not exceed 50% of the employee’s disposable earnings. Employers are responsible for ensuring compliance with this limit.

Section 300 does not apply to written employee-authorized deductions for items such as insurance, taxes, benefits or charitable contributions.

Read about Garnishment Against Wages in the HR Library.