Insight

Arizona Employers Could Have an Unpleasant Surprise as Arizona Proposition 209 Impacts Them

Arizona Employers Could Have an Unpleasant Surprise as Arizona Proposition 209 Impacts Them

Lawrence E. "Larry" Wilk

Lawrence E. "Larry" Wilk

March 23, 2023 04:04 PM

Arizona voters passed Proposition 209 in November. Although billed as a healthcare debt interest rate limit, it surprisingly impacts Arizona employers. In Arizona, generally, thirty days after an election, propositions will become law. The effective date was December 5, 2022, and applies prospectively only. In other words, it does not affect Judgments entered before December 5, 2022.

The largest change for employers, and their payroll providers, is the changes relative to wage garnishments. The percentage of wages subject to garnishment has been significantly reduced. Previously 25% of the garnishee’s non-exempt disposable earnings for a work week could be garnished. Under the new law, that will be reduced to 10%. There is a second test as well. Previously, the disposable earnings for a work week were 30 times the applicable hourly Arizona minimum wage. That has been increased to 60 times. Because Arizona’s minimum wage is currently higher than the federal minimum wage, that is the controlling rate. If federal minimum wage were to increase and be higher than Arizona’s minimum wage, then the Federal rate would be the controlling minimum wage rate. There is no increase in the earning exemption and no annual increase is contemplated in the new law. It is important to note that the temporary court order differentiates between debt incurred and contracts that were entered into before and after December 5, 2022. If prior to December 5, the old law which allows 25% garnishment is in place. If after December 5, 2022, then the new law which only allows for 10% garnishment is in place.

The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee’s non-exempt disposable earnings can be garnished. While the judgment creditor should provide an undated wage garnishment package that reflects the updates implemented by Proposition 209, the employer should not rely on that to occur.

If the employer over-withholds, that money should be immediately returned to the employee and not be paid to the judgment creditor. Under ARS 12-1598.12(D), it is the judgment creditor’s obligation to ensure the “garnishee does not withhold more nonexempt earnings of the judgment debtor than are necessary to satisfy the underlying judgment.” This language obligates the judgment creditor to alert the Garnishee employer that they withheld too much. However, if the employer makes a mistake and withholds 25%, it is best practice to alert the employee immediately and, if those funds have already been distributed to the creditor, the employee can ask for a refund from the creditor directly or ask that it be applied to future amounts. If the funds have not been distributed to the creditor yet, then the employer can return any amounts withheld above the 10% amount.

If you need assistance implementing Arizona Proposition 209, reach out to an experienced employment law or creditor’s rights attorney.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

How Client Testimonials Fuel Client Acquisition for Law Firms


by Nancy Lippincott

Learn how client testimonials boost client acquisition for law firms. Enhance credibility, engage clients and stand out in a competitive legal market.

Woman holding blurb of online reviews

Critical Period


by Maryne Gouhier and Armelle Royer

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf