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09.12.39.01-.03 - Lien on Unpaid Wages - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 41, ISSUE 2
FRIDAY, JANUARY 24, 2014

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.39 Lien on Unpaid Wages

Authority: Labor and Employment Article, §3-1110, Annotated Code of Maryland

Notice of Proposed Action
[14-032-P]

The Commissioner of Labor and Industry proposes to adopt new Regulations .01—.03 under a new chapter, COMAR 09.12.39 Lien for Unpaid Wages.

Statement of Purpose

The purpose of this action is to implement the Lien for Unpaid Wages, Ch. 541, Acts of 2013. The Maryland Lien for Unpaid Wages provides that employees who have not been paid 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 law provides that the Commissioner shall adopt regulations to implement the provisions of the law.

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 dstone@dllr.state.md.us, or fax to 410-767-2986. Comments will be accepted through February 24, 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 of Intent to Claim a 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) “Statement of Wage Lien” 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 of the employee’s intent to claim a 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 Recording Lien.
If an employer does not dispute a notice of a wage lien, an employee may record the lien for unpaid wages together with proof of service.

J. RONALD DEJULIIS
Commissioner of Labor and Industry