09.12.39.02

.02 Notice of Claim for Unpaid Wages.

A. An employee shall serve his or her employer with a Notice to Employer of Intent to Claim Lien for Unpaid Wages on a form that contains the information specified in §B of this regulation, a sample of which may be found on the Department's website.

B. The form shall include the following:

(1) The name and address of the individual seeking a lien;

(2) The name of the business or individual for whom the employee performed work;

(3) The dates of employment;

(4) The dates for which wages are due but were not paid;

(5) The basis for the claim that wages were due but were not paid;

(6) The monetary amount of the lien sought;

(7) The real or personal property, or both, against which the lien is sought along with a description adequate to identify the property, name of owner, and location; and

(8) Notice to the employer of their right to dispute the lien by filing a complaint within 30 days of receipt of the notice.

C. An employee shall serve the employer by:

(1) Delivering personally a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages to the employer;

(2) Leaving a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages at the employer’s home or place of dwelling with a resident of suitable age and discretion; or

(3) Mailing a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages to the employer by certified mail requesting, “Restricted Delivery—Show to whom, date, and address of delivery”.