337.075 Lien on property of employer who violates provisions of chapter --

317 words·~1 min read·/ky/337-075

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Recording of lien.

(1)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

Education and 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.

(2)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.