(a) Generally. To establish a lien for unpaid wages due and owing to an employee under LE Title 3, Subtitle 11, the employee shall serve on the employer a Notice to Employer of Intent to Claim Lien for Unpaid Wages that (1) complies with the requirements of section (b) of this Rule and with regulations adopted by the Commissioner of Labor and Industry, and (2) is under oath or supported by an affidavit. The oath or affidavit shall be made to the best of the employee's knowledge, information, and belief, except that an oath or affidavit as to the amount of unpaid wages due and owing shall be made upon personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit.

(b) Contents. In addition to any other information required by regulations of the Commissioner of Labor and Industry, the notice shall contain (1) the name, address, telephone number (if any), and e-mail address (if any) of the employee seeking the lien; (2) the name and address of the employer against whose property a lien is sought; (3) the dates of the employee's employment by the employer; (4) the dates for which wages are due and owing but were not paid; (5) the basis for the claim that wages were due and owing by the employer but were not paid; (6) the monetary amount of the lien sought; (7) a description of the real or personal property, or both, of the employer against which the lien is sought adequate to identify the property, the name of the owner, and the location of the property; and (8) notice to the employer of the employer's right to dispute the lien by filing a complaint in the circuit court for the county in which any of the listed property is located within 30 days after service of the notice.

Committee note: LE § 3-1102 (3) requires that the notice to the employer contain “the information required by the Commissioner of Labor and Industry under § 3-1110 of this Subtitle to provide the employer with adequate notice of the wages claimed and the property against which the lien for unpaid wages is sought.” The list in section (b) is taken almost verbatim from COMAR 09.12.39.02B.

(c) Service. The notice shall be personally served in accordance with Rule 2-121.

Source: This Rule is new.