Thursday, September 04, 2014

Maryland Department of Labor Publishes Regulations Implementing Wage Lien Act

The Maryland Department of Labor (DLLR) recently published regulations implementing the Wage Lien Act.  The regs track the language of the statute, but to a good job explaining how to file a wage lien.

  1. An employee starts the process by serving on the employer a "Notice of Claim for Unpaid Wages."    The regulation specifies eight pieces of information that must be on the Notice, including: (a) The basis for the claim that wages were due but were not paid; (b) the monetary amount of the lien sought; (c) the real or personal property, or both, against which the lien is sought along with a description adequate to identify the property, name of owner, and location; and (d) notice to the employer of their right to dispute the lien by filing a complaint within 30 days of receipt of the notice.  Service can be accomplished by certified mail requesting, “Restricted Delivery—Show to whom, date, and address of delivery.”                                                                                                                                                              
  2. If the employer disagrees with the Notice, the employer can file suit.   The suit must contain  an explanation of why the wages claimed by the employee are not due and owing by the employer.                                                                                                                                           
  3. If the Lien is either not disputed or established in Court, the employee can then file a "Wage Lien Statement."   The Statement must include: A description of the property; the name of the property owner; the monetary amount of the lien; A copy of the Notice for Unpaid Wages; and a copy of the Order establishing the lien for unpaid wages if the lien for unpaid wages is established in a court.

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