2014 Kentucky Revised Statutes CHAPTER 337 - WAGES AND HOURS 337.075 Lien on property of employer who violates provisions of chapter -- Recording of lien.
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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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