2011 Kentucky Revised Statutes CHAPTER 337 WAGES AND HOURS 337.075 Lien on property of employer who violates provisions of chapter -- Recording of lien.
KY Rev Stat § 337.075 (1996 through Reg Sess) What's This?
337.075 Lien on property of employer who violates provisions of chapter -Recording of lien.
(1)
(2)
A lien may be placed on all property, both real and personal, of an employer who
has been assessed civil penalties by the commissioner for violations of the wages
and hours provisions of this chapter, but not before all administrative and judicial
appeals have been exhausted. The lien shall be in favor of the Labor Cabinet and
shall be an amount totaling the unpaid wages and penalties due, together with
interest at a rate of twelve percent (12%) per annum from the date the notice of the
violation is final, but not before all administrative and judicial appeals have been
exhausted. The lien shall be attached to all property and rights to property owned or
subsequently acquired by the employer. The commissioner or the commissioner's
designee shall record the lien as provided in subsection (2) of this section. The lien
shall show the date on which the notice of violation was issued, the date of the
violation, the name and last known address of the employer against whom the
assessment was made, and the amount of unpaid wages, penalties, and interest. The
lien shall be superior to the lien of any mortgage or encumbrance thereafter created
and shall continue for ten (10) years from the time of the recording, unless sooner
released or otherwise discharged.
The lien shall be filed in any of the following offices in which the employer owns
property or rights to property and any filing fees associated with filing the lien shall
be pursuant to KRS 64.012:
(a) The office of the county clerk of the county in which the defendant employer
resides.
(b) The office of the county clerk of the county in which the defendant employer
has its principal place of business.
(c) The office of the county clerk of any county in which the defendant employer
has property or an interest in property.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1728, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 255, sec. 24, effective January 1, 2007. -- Created 1994
Ky. Acts ch. 130, sec. 1, effective July 15, 1994.
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