# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 39 — Lien for Unpaid Wages

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

**Administrative History:** Effective date: July 7, 2014 (41:13 Md. R. 751)

#### Regulation .01 Definitions.

*COMAR 09.12.39.01*

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.

#### Regulation .02 Notice of Claim for Unpaid Wages.

*COMAR 09.12.39.02*

A. An employee shall serve his or her employer with a Notice to Employer of Intent to Claim Lien for Unpaid Wages on a form that contains the information specified in §B of this regulation, a sample of which may be found on the Department’s website.

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”.

#### Regulation .03 Employer Complaint to Dispute Notice to Employer of Intent to Claim Lien for Unpaid Wages.

*COMAR 09.12.39.03*

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.

#### Regulation .04 Wage Lien Statement.

*COMAR 09.12.39.04*

A Wage Lien Statement shall include the following:

A. A description of the property;

B. The name of the property owner;

C. The monetary amount of the lien;

D. A copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages and proof of service of the notice; and

E. A copy of a court order establishing the lien for unpaid wages if the lien for unpaid wages is established in a court.

#### Regulation .05 Recording Lien.

*COMAR 09.12.39.05*

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.