15 U.S.C. § 1674

Restriction on discharge from employment by reason of garnishment

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(a) Termination of employment

No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.

(b) Penalties

Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both.

(Pub. L. 90–321, title III, § 304, May 29, 1968, 82 Stat. 163.)
Notes of Decisions
Cited in 41 cases (2 in the last 5 years), 1971–2022 · leading case: James E. Le Vick v. Skaggs Companies, Inc., 701 F.2d 777 (9th Cir. 1983).
James E. Le Vick v. Skaggs Companies, Inc., 701 F.2d 777 (9th Cir. 1983). · cites it 4× “(Skaggs), alleging that he had been discharged by Skaggs in violation of 15 U.S.C. § 1674 (a), which prohibits an employer from discharging an employee because the employee’s earnings have been subjected to garnishment.”
Simion Stepanischen v. Merchants Despatch Transp. Corp., 722 F.2d 922 (1st Cir. 1983). · cites it 2× “The Le Vicíe and McCabe courts reasoned that an express private right of action in one section militates against implying a private right of action in another section of the same piece of legislation.”
Maple v. Citizens Nat'l Bank & Trust Co., 437 F. Supp. 66 (W.D. Okla. 1977). · cites it 12× “Plaintiff claims that Defendant’s dismissal of Plaintiff from Defendant’s employment violated 15 U.S.C. § 1674 (a) which forbids the discharge of an employee due to the garnishment of his wages for one indebtedness.”
Jack McCabe v. City of Eureka, Missouri, 664 F.2d 680 (8th Cir. 1981). · cites it 5× “This appeal raises the single issue of whether an implied private right of action exists under 15 U.S.C. § 1674 (a) of the Consumer Credit Protection Act.”
Walter Monroe Smith v. Cotton Bros. Baking Co., Inc., 609 F.2d 738 (5th Cir. 1980). · cites it 3× “Plaintiff’s complaint included one cause of action for wrongful discharge in violation of the union contract, and a second cause of action for unlawful discharge in violation of Sub-chapter II of the Consumer Credit Protection Act (CCPA), 15 U.S.C. § 1674 (a). During discovery,…”
Hodgson v. Cleveland Mun. Court, 326 F. Supp. 419 (N.D. Ohio 1971). · cites it 4× “01 (last paragraph) by 15 U.S.C. § 1674 is also claimed by the Secretary.”
Ellis v. Glover & Gardner Constr. Co., 562 F. Supp. 1054 (M.D. Tenn. 1983). · cites it 5× “The plaintiff seeks reinstatement, back-pay, and other relief, claiming that his discharge was in violation of 15 U.S.C. § 1674 , which contains restrictions on discharge from employment by reason of garnishment.”
Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor v. S. California Gas Co., 715 F.2d 1405 (9th Cir. 1983). · cites it 2× “15 U.S.C. § 1674 (a). That section prohibits an employer from discharging an employee whose earnings “have been subjected to garnishment” on account of only one indebtedness.”
Johnson v. Town of Trail Creek, 771 F. Supp. 271 (N.D. Ind. 1991). · cites it 9× “The defendants’ motion to dismiss requires the court to determine whether an alleged violation of the Consumer Credit Protection Act, 15 U.S.C. § 1674 (a), can form the basis for a claim under 42 U.”
Swears v. R.M. Roach & Sons, Inc., 696 S.E.2d 1 (W. Va. 2010). “§ 525 (b) (2000),] Consumer Credit Protection Act, [ 15 U.S.C. § 1674 (2000); W. Va.Code § 46A-2-131 (1999),] Judiciary and Judicial Procedure Act, [ 28 U.”
W. J. Usery, Jr., Sec'y of Labor, United States Dep't of Labor v. First Nat'l Bank of Arizona, a Nat'l Banking Ass'n, 586 F.2d 107 (1st Cir. 1978). “Act § 304, 15 U.S.C. § 1674 . This purpose would not be furthered by extending the Act’s restrictions to garnishee banks since garnishments of bank accounts, unlike garnishment of an employer, is not likely to lead to loss of employment.”
Brown v. Liberty Loan Corp. of Duval, 392 F. Supp. 1023 (M.D. Fla. 1974). · cites it 3× “” 15 U.S.C. § 1674 . Wilful violation of the discharge from employment provision, 15 U.”
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