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09.12.39 - Division of Labor and Industry - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 41, ISSUE 9,
FRIDAY, APRIL 18, 2014

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.39 LIEN FOR UNPAID WAGES

Authority: Public Safety Article, §§3-110, Annotated Code of Maryland

Notice of Proposed Action
[14-109-P]

The Commissioner of Labor and Industry proposes to adopt new Regulations .01—.05 under a new chapter, COMAR 09.12.39 Lien for Unpaid Wages.

Statement of Purpose

The purpose of this action is to implement Ch. 541, Acts of 2013. The Act provides that employees who have not been paid wages that are due and owing to them may, under certain circumstances, establish a lien against the real or personal property of the employer who has failed to pay the wages. The Act provides that the Commissioner shall adopt regulations to implement the provisions of the Act.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact..

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Debbie Stone, Regulations Coordinator, Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 N. Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to deborah.stone@maryland.gov, or fax to 410-767-2986. Comments will be accepted through May 19, 2014. A public hearing has not been scheduled.

.01 Definitions.
  A. In this chapter, the following terms have the meanings indicated.
  B. Terms Defined.
    (1) “Employer Complaint to Dispute Lien for Unpaid Wages” means the complaint filed by an employer in circuit court to dispute a Notice to Employer of Intent to Claim Lien for Unpaid Wages.
    (2) “Notice to Employer of Intent to Claim Lien for Unpaid Wages” means the written form or comparable notice that an employee serves on an employer stating the employee’s intent to claim a lien for unpaid wages.
    (3) “Wage Lien Statement” means the form that may be recorded by an employee after a lien for unpaid wages has been established pursuant to Labor and Employment Article, §3-1104, Annotated Code of Maryland.


.02 Notice of Claim for Unpaid Wages.
  A. An employee shall serve his or her employer with the Notice to Employer of Intent to Claim Lien for Unpaid Wages on the form provided by the Commissioner of Labor and Industry at www.dllr.state.md.us or on a comparable form that contains the information specified in §B of this regulation.
  B. The form shall include the following:
    (1) The name and address of the individual seeking a lien;
    (2) The name of the business or individual for whom the employee performed work;
    (3) The dates of employment;
    (4) The dates for which wages are due but were not paid;
    (5) The basis for the claim that wages were due but were not paid;
    (6) The monetary amount of the lien sought;
    (7) 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
    (8) Notice to the employer of their right to dispute the lien by filing a complaint within 30 days of receipt of the notice.
  C. An employee shall serve the employer by:
    (1) Delivering personally a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages to the employer;
    (2) Leaving a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages at the employer’s home or place of dwelling with a resident of suitable age and discretion; or
    (3) Mailing a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages to the employer by certified mail requesting, “Restricted Delivery—Show to whom, date, and address of delivery”.

.03 Employer Complaint to Dispute Notice to Employer of Intent to Claim Lien for Unpaid Wages.
  A. An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where the property of the employer is located.
  B. The complaint disputing a lien for unpaid wages shall include the following:
    (1) The date that the employee served the Notice to Employer of Intent to Claim Lien for Unpaid Wages on the employer;
    (2) An explanation of why the wages claimed by the employee are not due and owing by the employer;
    (3) A description of supporting documents with the supporting documents attached; and
    (4) A certificate of service reflecting service upon the employee.

.04 Wage Lien Statement.
A Wage Lien Statement shall include the following:
  (1) A description of the property;
  (2) The name of the property owner;
  (3) The monetary amount of the lien;
  (4) A copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages and proof of service of the notice; and
  (5) A copy of a court order establishing the lien for unpaid wages if the lien for unpaid wages is established in a court.

.05 Recording Lien.
If an employer does not dispute a Notice to Employer of Intent to Claim Lien for Unpaid Wages or if a court orders the establishment of a lien, an employee may record the Wage Lien Statement together with proof of service.

J. RONALD DEJULIIS
Commissioner of Labor and Industry