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Maryland Code, Labor and Employment § 3-1103

Current as of January 01, 2025 | Updated by Findlaw Staff

(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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Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 3-1103 - last updated January 01, 2025 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-3-1103/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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