Q Is a contract laborer who works approximately 30-35 hours per week considered an employee subject to garnishment of wages, salary, and other compensation?

A An independent contractor is not an employee of the entity hiring him or her, and whether or not a person is an independent contractor is a question of fact. Under Section 11-35-25, employees and independent contractors alike are subject to garnishment. If the defendant is an employee, his compensation is subject to garnishment as per Section 85-3-4. If an independent contractor, the total indebted owed to the contractor is subject to garnishment. (Attorney Generalís Opinion to Carlisle, dated March 5, 2012)