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Statutes Text

Article - Labor and Employment


    (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.

    (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.

    (c)    The employer or employee may request an evidentiary hearing.

    (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.

    (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.

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