Maryland Code, LABOR AND EMPLOYMENT 3-1103
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 3-1103
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: means a county of the State or Baltimore City. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
(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.