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§ 3-1103. Employer dispute of lien

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2013

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 11. Lien for Unpaid Wages (Refs & Annos)
Effective: October 1, 2013
MD Code, Labor and Employment, § 3-1103
§ 3-1103. Employer dispute of lien
Filing complaint
(a) An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where property of an employer is located.
Timing and content of complaint
(b) A complaint filed under this section shall:
(1) be filed within 30 days after notice is served on the employer; and
(2) include:
(i) the name of the employer that owes the employee the wages and the name of the employee to whom the wages are owed;
(ii) a copy of the notice to establish a lien for unpaid wages served on the employer under § 3-1102 of this subtitle;
(iii) a statement of any defense to the lien for unpaid wages; and
(iv) an affidavit containing a statement of facts that support any defenses raised.
Hearing
(c) The employer or employee may request an evidentiary hearing.
Determination of complaint
(d) If an employer files a complaint, the circuit court shall determine whether to issue an order establishing a lien for unpaid wages:
(1) within 45 days after the date on which the complaint was filed; and
(2) based on a preponderance of the evidence in which the employee has the burden of proof to establish the lien for unpaid wages.
Cost and fees
(e)(1) If a circuit court issues an order to establish a lien for unpaid wages, the employee is entitled to court costs and reasonable attorney's fees.
(2) If a circuit court determines the effort to establish a lien for unpaid wages to have been frivolous or made in bad faith, the court may award court costs and reasonable attorney's fees to an employer.

Credits

Added by Acts 2013, c. 540, § 1, eff. Oct. 1, 2013; Acts 2013, c. 541, § 1, eff. Oct. 1, 2013.
MD Code, Labor and Employment, § 3-1103, MD LABOR & EMPLY § 3-1103
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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