The Public Justice Center has successfully advocated for a powerful new tool to the arsenal of remedies available to employees with unpaid wages. Under the Lien For Unpaid Wages Law, which is set to be in effect October 1, 2013, an employee can put a lien on an employer’s property, preventing the employer from selling, hiding, or disposing of property until the employee’s wages are paid. This law will assist employees and their attorneys by preventing employers from hiding or moving their assets in order to avoid paying employees’ wages. If you are owed back wages, after October 1, 2013, you can put a lien on your employer’s property by following this three-step process: 1. Provide Your Employer With Notice: You must personally serve the employer with a written notice that describes the wages that are due and the property that will be subject to a lien for unpaid wages. Personal delivery or a signed registered mail receipt is required. 2. Establishment of the Lien:The lien for unpaid wages is “established” if the employer does not dispute the lien for unpaid wages within 30 days, or if the employer disputes it in court and the court rules that the lien for unpaid wages is valid. 3. Record the Lien: You record the lien by filing it in personal property or land records. This keeps the property from being sold or transferred until the lien for unpaid wages is paid off. After the employer is served with notice of the lien they can challenge whether there are any wages due or the amount of wages due. An employer may challenge the claim for owed wages by filing in court and letting a judge decide the issue. Keep in mind that it is your duty, as the employee, to prove wages are owed. The attorneys at Lebau& Neuworth are experienced in litigating these types of cases and we can assist you in proving your case and recovering your owed wages. For more information contact us: http://lebauneuworth.com/contact, and to learn more about the new wage lien law check out http://www.publicjustice.org/uploads/file/pdf/Wage Lien FAQ 127Feb2013.pdf.
