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§ 706.050.Maximum Amount For Workweek Subject to Levy; Period Other Than Weekly

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 3. Restrictions on Earnings Withholding · Enacted 2022 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 706.050 caps an ordinary earnings withholding order at the lesser of twenty percent of an employee's weekly disposable earnings or forty percent of the amount by which those earnings exceed 48 times the applicable minimum hourly wage, with proportional multipliers for other pay periods.

Full Text of § 706.050

Text sizeJump to: (a) (b) (c)

(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:
(1) Twenty percent of the individual's disposable earnings for that week.
(2) Forty percent of the amount by which the individual's disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph.
(b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):
(1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).
(2) For a biweekly pay period, multiply the applicable hourly minimum wage by 96 work hours.
(3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 104 work hours.
(4) For a monthly pay period, multiply the applicable hourly minimum wage by 208 work hours.
(c) This section shall become operative on September 1, 2023.

Plain-English Summary

This is the central protection the Wage Garnishment Law gives working people: a hard ceiling on how much of a paycheck an ordinary earnings withholding order can take. For a weekly pay period, subdivision (a) caps withholding at the lesser of two figures — 20% of the employee's disposable earnings for that week, or 40% of whatever amount the employee's disposable earnings exceed 48 times the applicable minimum hourly wage. "Applicable" matters here: if the employee works somewhere with a local minimum wage higher than the state minimum, the higher local figure is used for that second calculation.

Because most employees aren't paid weekly, subdivision (b) translates the same protection to other pay schedules using multipliers tied to work hours: a daily pay period uses the same figures as subdivision (a); a biweekly period multiplies the applicable hourly minimum wage by 96 work hours; a semimonthly period by 104 hours; and a monthly period by 208 hours. Each multiplier is built to produce a result proportional to the weekly 48-hour threshold, just stretched across the longer pay period.

This formula took effect on September 1, 2023, and it's more protective of employees than the older approach tied to a flat federal-style formula — it lets more of a lower-wage worker's paycheck stay untouched by pegging the protected floor to the minimum wage in effect where the employee works, rather than a single national baseline. It applies "except as otherwise provided in this chapter," so different caps still govern support orders under § 706.052 and tax withholding orders under Article 4's § 706.074.

Frequently Asked Questions

How much of my paycheck can be garnished in California?

For an ordinary earnings withholding order, no more than the lesser of 20% of your disposable earnings for the pay period, or 40% of the amount by which your disposable earnings exceed 48 times the applicable minimum hourly wage (adjusted for other pay periods using the multipliers in § 706.050(b)).

Which minimum wage applies to the calculation — state or local?

Whichever is higher. If the employee works in a location with a local minimum hourly wage above the state minimum, the local rate is used for the 48-times calculation.

Does this cap apply to child support or tax garnishments too?

No. Section 706.050 applies "except as otherwise provided in this chapter" — support withholding follows § 706.052's separate exemption formula, and state tax withholding orders follow Article 4's own cap under § 706.074.

When did this current garnishment cap take effect?

September 1, 2023, per § 706.050(c).

How does the cap change if I'm paid biweekly or monthly instead of weekly?

Section 706.050(b) supplies proportional multipliers: 96 work hours for a biweekly pay period, 104 for semimonthly, and 208 for monthly, each multiplied by the applicable hourly minimum wage.

Amendment History

Added by Stats 2022 ch 849 (SB 1477),s 2, eff. 1/1/2023.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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