Encumbrances
Wage and Hour Lien KRS 337.075
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 statutes on wages and hours. The lien shall be attached to all property and rights to property owned or subsequently acquired by the employer.
The document requires:
• The commissioner of the Labor Department (or his designee) shall record the lien.
• 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.
• 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.
Lien to be filed in the following offices
• The lien shall be filed in any of the following offices in which the employer owns property or rights to property:
• The office of the county clerk of the county in which the defendant employer resides.
• The office of the county clerk of the county in which the defendant employer has its principal place of business.
• The office of the county clerk of any county in which the defendant employer has property or an interest in property.
Recording and indexing requirements are the same as State Tax Liens. See section on State Tax Liens.
The Commonwealth is the entity asserting the lien and the only entity that can release the lien.
All filing fees have been waived by statute KRS 337.075(2)
