Rules That May Be Legally Required

In certain instances, such as when a state or federal law requires it, you may have to have a rule or policy in your workplace. The law may require you to have a written policy, to post the policy, and to administer the policy in a certain way. Here are a few areas that may be regulated by federal or state laws:

Go to the specific discussion of each of these issues to determine your liability and which requirements you must meet to comply. Once you have satisfied these requirements, you can then consider other rules or policies you might want to have for your workers that are optional, but which still may be a good idea to have.

Optional Work Rules to Consider

While the rules that govern each employee's conduct must reflect the kind of work your business does and the conditions under which it is performed, there are some basic rules that you'll see over and over again if you ask businesses about their work rules and policies.Some have a simple set of work rules made up of a list of generally accepted and prohibited conduct.

However, if you want a specific rule or more detailed work rules and policies, you can choose from the list of policies below:

Too Restrictive

Overly restrictive work rules mean nothing but trouble. Not only do they create unnecessary hardship for employees, but they make you seem unreasonable and unconcerned about the feelings and needs of your employees. If you have a rule, you should be able to give any employee who asks a good, business-related reason for having it. The reasons should be clearly related to the employee's job, and you should not impose personal opinions or beliefs on your employees in the form of work rules.

Appropriateness of Rules

While every employee's conduct should be governed by some work basic rules, the specific work rules you choose should be appropriate and reasonable for the work your employees do and the working conditions to which they are subject. When you're considering the creation of a specific rule or policy, determine if it's right for your business.

Wage Withholding

Withholding a portion of an employee's pay for payment of child support is known by many names, such as garnishment, wage assignment, income withholding, and withholding from earnings. Income withholding has become the most successful and efficient tool for collecting child support. Today, employers withholding employees' wages constitutes over 80 percent of all collections in cases enforced by the Office of the Attorney General's (OAG's) Child Support Division (CSD) (IV-D full-service cases).

Since September 1, 1997, CSD has had the authority to issue administrative income withholding orders directly to employers without having to request issuance by the clerk of the court. In addition, to meet the federal requirement of sending withholding orders within two days of receiving notice of new employment, CSD has automated its computer system to transmit administrative income withholding orders directly to employers. This automation has led to a more effective and efficient collection of support.

Beginning September 2005, TFC §§158.501(d) and 203.004(a)(12) permits a domestic relations office to issue an administrative writ of withholding in a proceeding which involves child support enforcement services. Counties which currently have a domestic relations office are Bexar, Brazoria, El Paso, Ft. Bend, Harris, Matagorda, Tarrant, Taylor, Travis, and Wharton.

For judicial withholding orders, the clerk of the court may continue to issue Order/Notice to Withhold Income for Child Support to employers.

When a court orders a parent to pay child support, it may also order the parent's employer to deduct a specified sum from the parent's earnings to pay the support. The employer deducts that amount each pay period and promptly sends it to the agency responsible for receiving and recording of child support payments. That agency then forwards the child support payment for distribution according to law.

To reduce the burden on employers, the federal government has developed a standardized income withholding document identified by two titles:

Order/Notice to Withhold Income for Child Support
Notice of an Order to Withhold Income for Child Support

If the form is being sent to the employer by an obligee or other person who does not have the legal authority under State law to order withholding, the "notice of an order" block is checked and the form is accompanied by a copy of the withholding order upon which the "notice" is predicated. Unless stated otherwise, the term "Order/Notice" is used to include both uses of the form.

Since September 1, 2001, income may be withheld from the disposable earnings of a Texas employee for the payment of spousal support.

Administrative Writ of Withholding vs. Judicial Process

CSD issues the "Order/Notice to Withhold Income for Child Support (Administrative Writ of Withholding)" directly to an employer. A judicial writ of withholding will be issued by the clerk of the court upon the filing of a request for issuance. As mentioned earlier, after a judicial writ of withholding has been issued by the clerk, a party may send to a subsequent employer a "Notice of an Order to Withhold Income for Child Support."

TFC §158.105(c) requires the clerk to issue and deliver an order or judicial writ of withholding to the employer by first class mail or, if requested, by certified or registered mail. Effective September 1, 2005, the TFC allows the clerk to also issue and deliver the order or judicial writ of withholding via facsimile or electronic mail.

Upon receipt of an Order/Notice to Withhold Income for Child Support or Notice of an Order to Withhold Income for Child Support, an employer is considered to have been officially notified to begin income withholding from the employee named and to remit the amount withheld.

Additional Information

For more information about wage withholding, see the following: